08 November, 2008

Does Rwanda deserve development assistance?

By Pieternel Gruppen*
Radio Netherlands
08-11-2008

The violence in the east of the Democratic Republic of Congo (DRC) has led to renewed debate about the wisdom of providing Rwanda with developmental assistance. Although Rwanda is involved in the violence, the central African country can still count on around 230 million euros in foreign aid a year.

Rwandan President Paul Kagame was one of the participants in Friday's summit on the crisis in the DRC. Some proponents of continued aid to Rwanda believe that he took part in the talks because the aid is an inducement to taking a more conciliatory role.

Opponents, on the other hand, say that since Rwanda is a big part of the problem in the DRC, its aid should be suspended.

The Netherlands is one of the major donor countries. Arend Jan Boekestijn, MP for the conservative opposition VVD party in the Dutch Parliament, gets angry when speaking about the fact that the Netherlands gives more than 17 million euros in aid to Rwanda every year.

He calls the Rwandan President a "scoundrel" and believes it is quite clear that Rwanda is directly involved in the renewed violence in the eastern DRC. "Mr Kagame supports rebel leader General Nkunda, who is responsible for an enormous amount of misery," he said.

Paul Hoebink, who teaches developmental studies at the Radboud University in Nijmegen, says the extent of Kagame's involvement is difficult to prove. However, even supporters of continued aid admit that Rwanda is involved in the violence in DRC.

Rwanda has already invaded the DRC twice. Rwanda says it did so in order to defend itself from Hutu it claims were responsible for the 1994 Tutsi genocide and fled to neighbouring DRC. It says the government of DRC has failed to keep its promise to disarm them. Some critics say Rwanda is just using that as an excuse to illegally exploit its neighbour's mineral resources. Various statistics show that Rwanda exports raw materials that it does not even possess.

Cut off funds

Dutch Labour MEP Thijs Berman admits that Kagame has made many mistakes. However, he still does not think that aid to Rwanda should be cut off. He says that because of the large amount of aid Rwanda has received over the past 15 years, it has made an enormous amount of progress. "The progress made in this country deserves considerable respect," he states.

Professor Hoebink also thinks that aid to Rwanda should continue. "How is a land which has had 800,000 of its people massacred to recover otherwise?" Hoebink says that local organisations give him the impression that the human rights situation has improved.

"Things are moving slowly but they are going in the right direction. Who knows, maybe Rwanda might be looting even more of the DRC's resources if it wasn't getting developmental assistance?" he said.

Proponents of aid say that by giving money donors can pressure the regime. For instance, they could demand that President Kagame take part in the summit over the Congo crisis. The Dutch Ministry of Development and Cooperation prefers to call it "a critical dialogue". The Dutch funds are reportedly used towards promoting peace and security in the region and good governance. VVD MP Boekestijn thinks this is nonsense. "We are not capable of exporting good governance. We are helping a horrid regime stay in power."

*RNW translation (fs)

UN troops in Liberia step up patrols on Ivory Coast border.

AFP
7 November 2008

UN peacekeeping troops in Liberia said Friday that they have stepped up patrols on the border with Ivory Coast after media reports of rebel incursions.

"As a precaution we have increased our vigilance to intensive foot patrol, dismounted patrol and air patrol in the area," the new commander of the UN Mission in Liberia (UNMIL), Lieutenant General Abu Tayeb Muhammad Zahirul Alam, told AFP.

A newspaper reported in late October that Liberian rebels who want to overthrow the government had crossed into the country from Ivory Coast and caused unrest. The reports did not specify who the rebels were.

Many Liberians are still traumatized by the 14 year civil war up to 2003 which left more than 250,000 people dead. That war started when soldiers led by Charles Taylor crossed into Liberia from Ivory Coast.

UNMIL took the reports and the population's concern seriously, Alam claimed, but had not yet found "anything substantial" to back up the reports.

UNMIL maintains security in Liberia. Set up in 2003, it was, for several years, the largest UN force in Africa with more than 13,000 peacekeepers. Last year, the UN started reducing troop numbers as disarmament was completed and security improved. There are now about 11,000 peacekeepers and it will be further reduced to 10,000 next year, the commander said.

The UN mission in the Democratic Republic of Congo has 17,000 soldiers while the missions in Ivory Coast and Darfur have about 8,000 peacekeepers each.

NORTH KIVU: UNCERTAINTY ON OUTCOME OF AFRICAN UNION SUMMIT IN NAIROBI.

MISNA
7 November 2008

There is uncertainty among many observers, due to the situation in North Kivu, over the outcome of the extraordinary African Union (AU) summit set for today in Nairobi, with the participation of United Nations Secretary General Ban Ki-Moon, accompanied by Nigerian former president Olusegun Obasanjo recently named UN special envoy for DR-Congo and the Presidents of the Democratic Republic of Congo Joseph Kabila, Rwanda Paul Kagame, as also South Africa and representatives of the Great Lakes region (Kenya, Uganda, Tanzania, Burundi and South Africa). According to some sources, just yesterday rebel forces of general Laurent Nkunda – deemed pro-Rwandan –based on UN reports, seized Nyanzale, around 150km north of North Kivu’s capital Goma, and the villages of Miyanzali and Kikuku, also attempting to gain control of more territory. These latest developments further exacerbate also the humanitarian emergency faced by tens of thousands of new displaced living in increasingly precarious conditions.

KIDNAPPED REPORTER FREED IN NORTH KIVU.

MISNA
7 November 2008

Following negotiations conducted by government and military officials, Thomas Scheen, correspondent of the German “Frankfurter Allgemeine Zeitung” newspaper, and another two people were freed this morning in eastern Democratic Republic of Congo. The three were kidnapped on Tuesday in the North Kivu province. MISNA received confirmation of their release from local United Nations sources, specifying that the reporter is on his way to Goma, capital of North Kivu. The same sources indicated that Scheen was abducted in the Rutshuru area by Mayi-Mayi combatants while he was interviewing some rebels of the National Congress for the Defence of the People (CNDP), two of whom were killed. Thomas Scheen, 43, born in Belgium, has a long experience in Africa where he began working in 2000; after spending years in the Ivory Coast and elsewhere, in 2005 he became a correspondent for the “Frankfurter Allgemeine Zeitung” from Johannesburg, in South Africa, where he lives with his family.

NORTH KIVU (3): CLASHES NEAR DISPLACED CAMP, PEOPLE FLEEING TOWARD GOMA.

MISNA
7 November 2008

Fighting resumed this morning in Kibati, north of Goma (North Kivu, eastern Democratic Republic of Congo), between the Congolese military and rebels of the National Congress for the Defence of the People (CNDP) headed by the renegade general Laurent Nkunda. Local sources refer that the fighting is taking place near a displaced camp hosting thousands of people fleeing from the violence. “Around 10 minutes after we began distributing food this morning, we heard shots being fired nearby and the people began fleeing in panic”, said to MISNA Marcus Prior, a representative of the WFP (World Food Programme) who this morning was at the Kibati camp, around 15km north of Goma.

“I am not exactly sure where the fighting was taking place, but it seemed very close because the shots could be heard distinctly, and after a mere 15 minutes the people had disappeared, leaving a half-empty camp”, continued Prior. Many of those fleeing “headed in direction of Goma, along the road that takes to the provincial capital in the hope of reaching safety”, added the WFP official, specifying that “Kibati camp, a spontaneous settlement that up to a week ago counted some 30,000 people, is on its knees after the arrival of new displaced that practically doubled the number”. Meanwhile, local sources confirm that the CNDP left the town of Nyanzale, occupied yesterday after heavy fighting. While residents of Kiwanja, another town of North Kivu in the past days theatre to clashes between the CNDP and Mayi-Mayi pro-government self-defence groups, reported summary executions by the rebels; the United Nations mission in DR-Congo (MONUC) announced that it opened an investigation into the Kiwanja killings. In the same hours, an emergency African Union (AU) summit is underway in Nairobi, attended also by UN Secretary General Ban Ki-Moon, to seek a solution to the conflict.

NORTH KIVU: NAIROBI SUMMIT, IMMEDIATE CEASEFIRE DEMANDED.

MISNA
7 November 2008

An “immediate ceasefire” and the opening of “a humanitarian corridor to bring aid to the civilian population” are the main points included in the declaration adopted by the participants at the summit in Nairobi today to try to find a solution to the crisis in North Kivu. The heads of state and government, including the presidents of RD Congo and Rwanda, Joseph Kabila and Paul Kagame, have also called for “immediate respect, by all armed groups, for the accords that were signed to restore peace and stability in the region” according to a communiqué released at the end of the meeting. The summit has also asked the UN secretary general, Ban Ki-moon “to strengthen the mandate of the UN mission (MONUC) in the country”, to which, at the right time, “the region of the Great Lakes shall support with a peacekeeping contingent”. During the meeting, Ban Ki-moon said that the conflict in North Kivu threatens to expand throughout the Great Lakes.

“The international community cannot allow that this takes place and so it must find some lasting solutions, here and as soon as possible” said the Ban. He added that “it is not conceivable to search for a military solution to the crisis, because the recent rebel offensives from the rebels of the CNDP have aggravated the situation causing serious humanitarian consequences”. In the past decade, noted Ban, over five million Congolese citizens were killed on account of war, hunger and disease. “As African leaders you have an historic responsibility – he said – it is a dramatic moment for the Great Lakes and for the whole of Africa. We have to leave the cycle of violence behind”. Finally, stressing the need to strengthen the Congolese regular army itself, Ban Ki-moon noted that “MONUC’s capacity has reached its limit despite the current efforts to re-organize its forces, involved in confronting armed groups in the east”.

ICTR PROSECUTOR HAS HIDDEN DOCUMENTS (DEFENCE).

Hirondelle News Agency
6 November 2008

The former head of Rwandan diplomacy, Jerome Bicamumpaka, on trial for genocide before the International Criminal Tribunal for Rwanda (ICTR), requested that his judges “reprimand” the prosecutor, whom he accuses of deliberately witholding from him documents which would be able to clear him.

Last month, the prosecutor had already been reprimanded by another Chamber for having kept a certain number of pieces of evidence which were considered to be useful for the defence of the former head of the national police, General Augustin Ndindiliyimana.

Inspired by this sanction inflicted to the prosecution by another formation of judges, Bicamumpaka accuses the prosecutor of having hidden documents from him proving that the testimony for the prosecution of protected witness “GAP” was part of a plot conspired at the central prison of Ruhengeri, Northern Rwanda.

In January 2004, GAP, thus designed to preserve his identity, had affirmed to have killed a Tutsi following an inciting speech which Bicamumpaka would have given during the swearing in of the new prefect of Ruhengeri, Basile Nsabumugisha, in April 1994.

Disputed by the defence, the presence of the defendant at this ceremony had also been reported by another witness, GFA. But the latter later reconsidered his allegations, explaining that he had given a false testimony which had been entirely assembled, with the complicity, according to him, inter alia, of the Rwandan government administration at the prison of Ruhengeri and GAP. GFA disappeared last May as he was in a safe house at the headquarters of the ICTR in Arusha, Tanzania.

Michel Croteau and Philippe Larochelle, Bicamumpaka’s Canadian lawyers, noted, in their motion filed Tuesday, that the prosecutor had documents for a long time in his possession proving the existence of the plot and the perjury of GAP.

For these reasons, the defence of the former minister requested that the Chamber not only reprimand the prosecutor but also recall to the stand GAP, or, failing this, exclude his testimony from the case.

The two lawyers also asked that GAP be the subject, as GFA, of an investigation for false testimony and that the entirety of his testimony in another trial, that of Colonel Ephrem Setako, be communicated to them.

French Military Officers Sue Rwandan Officials for Defamation Over Mucyo Commission Report.

France 24
7 November 2008

Ten senior French officers filed suit against Rwanda for slander on Tuesday after a Rwandan commission's report accused them of taking part in the 1994 genocide.

The five generals and five colonels served in Operation Turquoise, a French military mission to Rwanda in 1994 that has been marred by controversy.

The 10, including General Jean-Claude Lafourcade, who commanded Operation Turquoise, were named in a commission report released in August by Rwandan Justice Minister Tharcisse Karugarama.

"These serious and unfounded accusations could not be left without a response," said General Lafourcade in a statement.

"This is why 10 officers whose honour has been tarnished have decided to launch legal proceedings to counter these accusations in the courts of our country," he said.

The officers have filed suit for slander in a Paris court, saying the report accused them of "having fully taken charge of the genocidal campaign" through Operation Turquoise, according to General Lafourcade.

The Mucyo Commission report alleges that France was aware of preparations for the Tutsi genocide, contributed to planning the massacres, and actively took part in killings.

Following its release on August 5, France immediately rejected the allegations.

Defence Minister Herve Morin said the French soldiers had absolutely nothing to be ashamed of from their service in Rwanda.

07 November, 2008

Kidnapped correspondent freed in DR Congo.

DPA
7 November 2008

The Africa correspondent of a leading German newspaper was released on Friday after three days in the hands of a militia group in the Democratic Republic of Congo. Belgian-born Thomas Scheen, 43, and his two local assistants were safely in the hands of the UN peacekeeping mission in Congo, MONUC, a German government spokesman said.

Scheer was captured by Mai-Mai militiamen in the east of Congo on Tuesday after getting "caught between the fronts," said a spokesman for his newspaper, the Frankfurter Allgemeine Zeitung (FAZ).

FAZ publisher Berthold Kohler said the journalist and his aides were as well as could be expected given their ordeal.

"We thank all those in the Congo, Germany and Belgium who in the past few days have been involved in intensive efforts to obtain the release of Thomas Scheen and his assistants," Kohler said.

It is not clear if a ransom was paid. "There were obviously political demands, as well as other demands," said a Belgian government spokesman when asked if money had changed hands.

The three men were captured in an area where there was heavy fighting between Mai-Mai militias and forces of Rwanda-backed rebel General Laurent Nkunda.

The Mai-Mai had insisted they would only release them if Nkunda withdrew his forces.

06 November, 2008

Swiss court convicts major drug dealers from Kosovo.

Associated Press
31 October 2008

Two brothers from Kosovo were convicted Thursday of running a massive drug smuggling ring that prosecutors said supplied Western Europe with up to half of its heroin.

Ragip and Kemal Shabani channeled 1.5 tons of heroin through Europe from the mid-1990s until 2003, when they were shut down, prosecutors said. They used a small town in Kosovo as their base with branches in Macedonia, Albania, Spain and the Czech Republic, according to the Federal Criminal Court.

The trial, considered one of Switzerland's largest-ever drug cases, was held under high security in the southern town of Bellinzona, with only some relatives and journalists allowed into the courtroom.

Judge Jean-Luc Bacher sentenced Ragip Shabani to 15 years in prison for breaking Swiss narcotics law, and ordered the 42-year-old to pay 300,000 francs ($261,400) in court costs.

Kemal Shabani, 28, was given only a two-year suspended sentence for participating in a criminal organization, and was charged 90,000 francs ($78,400) in court costs.

Defense lawyers said they would appeal the verdict, which also ordered that the Shabanis' assets be confiscated. The assets include five luxury cars and Kosovo properties such as houses, restaurants and shopping centers.

The court dropped a charge of money laundering for lack of evidence.

The brothers' father, 69-year-old Tariq Shabani, was acquitted in the case and was granted compensation of 47,000 Swiss francs ($41,000) for his time in custody during the investigation.

Bacher said the verdict took into account the fact that Switzerland had only partial jurisdiction in the case because much of the drug smuggling allegedly happened in other countries.

The Shabani clan had already come under suspicion in some countries before the 1998-99 Kosovo war, but it continued to operate after the territory was placed under U.N. administration, the indictment said.

A six-year investigation led to the arrest of Ragip Shabani in 2003 in Macedonia's capital of Skopje. His brother and father were arrested in Germany in 2005, according to the indictment.

Police across Europe confiscated 970 kilograms (2,140 pounds) of heroin during raids carried out from 1997 to 2003 in Austria, France, Germany, Hungary, Italy, Slovenia, Switzerland and Kosovo, which is now an independent country.

Albanian parliament approves sale of state oil firm to US-Swiss Consortium.

Serbianna
18 September 2008

Albania's parliament approved an agreement to sell 85 % of state oil company ARMO to a US-Swiss consortium.

The consortium is comprised of the Texas-based Refinery Associates of Texas, and Geneva, Switzerland-based Mercuria Energy Group and Anika Enterprises.

It won an international tender in June, offering $ 183 mm (EUR 143 mm).
The consortium pledged to invest $ 250 mm (EUR 195 mm) over the next five years, including $ 50 mm (EUR 39 mm) on environmental protection in the first three years.

Parliament voted 58-7 to ratify the deal.

Twenty-eight opposition lawmakers abstained, complaining of a lack of transparency in the sale.

'Concerned' India sends Gurkha troops to DR Congo.

AFP
6 November 2008

India is sending Gurkha troops to join a UN peacekeeping mission in the Democratic Republic of Congo where rebel forces have tightened their grip on a key town, officials said Thursday.

The announcement came after New Delhi said it was "very concerned" over the safety of some 8,000 Indian troops in the UN mission in the DR Congo (MONUC) as continued clashes between rebels and government forces threatened a fragile ceasefire.

An Indian army spokesman told AFP that an entire battalion of 1,200 Gurkha soldiers would be sent to join MONUC "within the month."

"The Gurkhas would replace our sixth light infantry battalion in the DRC and the deployment would be completed within the month," the spokesman said in New Delhi.
The ministry said the Gurkhas had been specially trained.

"Keeping in view the volatile conditions in Congo, the unit has carried out extensive training and mission sensitization in Delhi for the past few months in all aspects of UN operations," it said in a statement.

Indian military sources said they were having increasing difficulties in supplying troops in the field with ammunition and rations because of the deteriorating situation.
MONUC comprises around 17,000 troops drawn from eight nations with India and Pakistan the largest contributors.

Last week, Indian Defence Minister A.K. Antony said he was concerned over the safety of his troops in DR Congo, where three soldiers and an officer were injured in October after coming under rebel rocket attack.

MONUC troops are under orders to open fire on rebel forces if they advance on the strategic city of Goma in the country's east.

Rebels loyal to renegade general Laurent Nkunda have been positioned outside Goma since declaring a ceasefire a week ago after routing government forces in an offensive that has seen them take several towns in Nord-Kivu.

MONUC has only a few thousand troops in Nord-Kivu.

Uganda Handed Over 19 Rwandan Fighters.

AFP
6 November 2008

Uganda has repatriated 19 Rwandans nationals who have been fighting alongside renegade general Laurent Nkunda against government troops in eastern Democratic Republic of Congo, the army said.

"The 19 captives were handed over to the Rwandan officials last Thursday at Katuna border post on the Uganda-Rwanda border," Ugandan defence spokesman Major Paddy Ankunda told AFP.

"We handed them over to Rwanda as part of our obligation to good neighbourliness," Ankunda added.

"These were not Nkunda's forces, but Rwandans who were recruited to fight alongside Nkunda forces," he said. They were captured after crossing the border in Uganda.

MEDITERRANEAN UNION: ARAB LEAGUE AMONG MEMBERS.

MISNA
4 November 2008

The Arab League shall be one of the active members of the Mediterranean Union (UPM), whose permanent secretariat will be based in Barcelona. The foreign affairs ministers of the 43 member states still meeting in Marseille have managed to reach a consensus over the two main issues that were posing the final obstacles to the new organization, which was set up as an initiative from the French government. Israel wanted to limit the role of the Arab League to that of observer; however, the League will now be granted full participation rights in the UPM, which France’s president Nicolas Sarkozy has described as an initiative that will help “to build peace in the Mediterranean”. Commenting the “step backwards” made by Tel Aviv, the Egyptian minister of foreign affairs Aboul Gheit spoke of an “historic moment” and hoped that the Israeli change of attitude not remain an isolated and temporary case: “For now – he said – it certainly represents great progress”. As for the choice of Barcelona as the city to host the secretariat of the new organism, there were few doubts after Tunis withdrew its own candidature. The general secretary of the Union, a post currently held by the Egyptian president Hosni Mubarak and France’s president Sarkozy, must still be nominated.

NORTH KIVU: DISCORDANT REPORTS ON NEW CLASHES IN RUTSHURU.

MISNA
5 November 2008

Heavy fighting took place also today in Kiwanja, in the northern outskirts of Rutshuru (around 90km north of Goma, provincial capital of North Kivu in east Democratic Republic of Congo) between Congolese pro-government armed groups and rebels of the National Congress for the Defence of the People (CNDP) of the pro-Rwandan renegade general Laurent Nkunda that for over a week controls the Rutshuru territory. According to MISNA sources contacted in the area, what yesterday appeared to be mere skirmishes lasted throughout the night with intense shootings and clashes house to house on the streets of Kiwanja, a village at the doors of Rutshuru that in the years became a suburban neighbourhood of the town. The clashes – confirmed also by a CNDP spokesman, who accused the Mayi-Mayi (former Congolese partisans at the time of the official conflict) of the PARECO (Congolese Patriot Resistants) of hiding among the residents – reportedly forced the peacekeepers of the local United Nations mission (MONUC) to remain in their base in Kiwanja. MONUC military spokesman Colonel Samba Tall, contacted by MISNA in Kinshasa, confirmed yesterday’s and today’s fighting in Kiwanja, however defining them as “minor episodes” and specifying that the violence “halted after the intervention of the peacekeepers”. While the African and international diplomacies continue efforts for a negotiated solution to the latest crisis in North Kivu, the official truce between the CNDP and Congolese army appears to be holding, despite reports from local sources of troop movements in some areas of the province.

Sources contacted in Goma refer that the new Prime Minister Adolphe Muzito, who arrived last night in the North Kivu capital to assess the situation, is due to return today to Kinshasa. Meanwhile, more reliable information begins to emerge on the humanitarian consequences of the recent fighting. “We will hold a meeting today to discuss the situation, but for the moment we have already counted some 60,000 displaced in the area around Goma. Half of these are ‘new’ displaced, while the others were civilians already living in emergency camps who were forced to flee again by the recent violence. Considering the displaced present in other areas, we can say that the tension of the past days forced some 90,000 people to flee”, said to MISNA a humanitarian source contacted in Goma, who asked to remain anonymous.

NORTH KIVU: SPORADIC CLASHES IN RUTSHURU, THOUGH TRUCE APPEARS TO BE HOLDING.

MISNA
4 November 2008

There have been reports of sporadic gunfire this afternoon in the area of Rutshuru, north of Goma. MONUC sources confirmed this to MISNA, adding that there were no victims; the same sources said that the fighting, concentrated in Kiwanja, lasted three hours and they concerned the CNDP rebels led by Laurent Nkunda and the so-called Mayi-Mayi self defense militias, close to the forces loyal to the government of RD Congo. There were also minor skirmishes in the past days, but so far these have not affected the unilateral ceasefire which has been expected since last October 29, after the CNDP march to the gates of Goma. Local humanitarian sources did say, however, that the situation faced by a 1.1 million refugees has remained critical for months if not years.[

05 November, 2008

Wanted Rwandan Citizen Arrested in Mayotte Island

Hirondelle News Agency
4 November 2008

Pascal Simbikangwa, a Rwandan wanted for his alleged involvement in the 1994 genocide, was arrested last Tuesday on the French island of Mayotte, Indian Ocean, according to Agence France Presse (AFP).

Simbikangwa was apparently arrested in a counterfeit documents case. The investigation led to discover that he was subject of an international arrest warrant. He has already appeared in Court.

The accused, held the rank of a Captain in Rwanda, where he worked for the President's security services, has his both legs paralyzed and goes by a nickname of "wheel chair".

A subordinate officer, he has never been indicted by the Arusha-based International Criminal Tribunal for Rwanda (ICTR), it was learned Monday from a source in Arusha.

Last weekend, Simbikangwa appeared before a judge charged with counterfeit documents and his involvement in organized crime.

The Mayotte authorities will consider the accused's extradition request of Rwandan authorities to French government, said Marc Brisset-Foucault, Public Prosecutor in Mayotte.

The request will be examined simultaneously with the counterfeit documents, he added. The counterfeit proceedings, for which he faces up to 10 years in prison, is scheduled for 10 November.

Simbikangwa arrived illegally in Mayotte in 2005, after five years in the Comoros, another French island. Simbikangwa was trafficking counterfeit documents under the false identity of Safari Sedinawara.

With the two identities (of the suspect), the police were able to contact International Police (INTERPOL) to see whether the person was a wanted man.

Another ICTR Appeals Chamber Rejection of a Transfer to Rwanda.

Hirondelle News Agency
4 November 2008

The Appeals Chamber of International Criminal Tribunal for Rwanda (ICTR) has confirmed lower court's decision not to transfer to Rwandan courts a former businessman, Gaspard Kanyarukiga, to face charges, reports Hirondelle Agency.

"The Appeals Chamber confirms decision of the First Instance Chamber's refusal the transfer of the case [Kanyarukiga] to Rwanda", stated a ruling Thursday, a copy of which has been obtained by Hirondelle.

The prosecutor's motion, aiming at transferring the Kanyarukiga case to Rwandan courts, was rejected on 6 June by the First Instance.

Rejecting the appeal, the upper court was not convinced that the fundament legal right of Kanyarukiga to obtain the appearance of his witnesses under the same conditions can be guaranteed in Rwanda.

The fear also persists that the defendant, if convicted, can face life imprisonment in isolation, the heaviest sentence under the Rwandan penal code after the abolition last year of capital punishment.

For the same reasons, the Appeals Court last month rejected another motion of transferring former businessman Yussuf Munyakazi.

Karemera Trial - Judge Byron's 'Double Role' Leads to Prejudice, Claims Defendant.

Hirondelle News Agency
4 November 2008

One of the defendants before the International Criminal Tribunal for Rwanda (ICTR), Joseph Nzirorera, has filed a motion over the prejudice caused to him because of the "double role" of Judge Dennis Byron - as presiding judge and President of UN legal institution.

Regularly, the ICTR President addresses the UN Security Council and the General Assembly over the progress of the UN Court's completion strategy, which was initially scheduled to finish its First Instance trials by the end of this year.

In June, ICTR obtained extension of judges' mandate until the end of next year.

"The role of Judge Byron as President of Tribunal and his duty to fulfil the completion strategy enters in direct conflict with his role as Mr Nzirorera's judge, when it is question of the length of time during which the case can be finished", claimed Mr. Peter Robinson, lead counsel for Joseph Nzirorera, ex-Secretary-General of the National Republican Movement for Democracy and Development (MRND).

In a motion filed by Mr. Robinson, he affirms that before the election of Byron as head of the Tribunal, the Chamber (which tries Nzirorera and which is presided by Byron) did not limit the number of witnesses called by the prosecution.

But sinc Judge Byron has ascended to the presidency of ICTR the defence was given orders to dramatically limit the number of witnesses which it was previously authorized to call.

For Mr. Robinson, this 'personal situation' of Byron creates a reasonable fear of bias when it is question, for the Chamber, of coming to a conclusion about questions that could possibly have an impact on the completion strategy.

The American lawyer expressed his fears in reaction to an invitation made by the Chamber to the parties to give their opinions on a possible separation of proceedings following the long illness of one of defendants, former President of the National Republican Movement for Democracy and Development (MRND), Mathieu Ngirumpatse.

Nzirorera's defence, which rejects idea of a disjoinder, considers that Judge Byron does not have the separation necessary to rule on this proposal. According to Mr. Robinson, Judge Byron would be tempted to favour a solution fulfilling the requirements of New York [UN].

He points out that President Byron committed himself before the UN to finish in 2009 the trial of Nzirorera and his three co-defendants.

However, experience at the ICTR has demonstrated that individual trials are completed at a very fast pace whereas a joint case may last up to seven years.

Ngirumpatse's health situation has paralyzed the trial of the MRND leaders since August. The first defendant, former Vice-President of the party, Edouard Karemera, had started to call his witnesses.

Germany Sets Free Two Rwandan Citizens Indicted in Rwanda.

Hirondelle News Agency
4 November 2008

Germany set free on Monday two Rwandans accused of crimes in the 1994 genocide and whose extradition had been requested by Kigali.

The defendants' lawyer, Philippe Greciano, in a statement dispatched to Hirondelle, described the release as "victory for human rights and a strong signal of Franco-German friendship for responsible justice in Europe".

Mbarushimana, who enjoyed refugee status in France, was arrested in 2005 in Germany shortly after his election as Assistant Executive Secretary of Democratic Forces for Liberation of Rwanda (FDLR).

Mbarushimana, an employee of United Nations Development Programme (UNDP) in Kigali during 1994, had been indicted for murder but the ICTR abandoned proceedings against him.

Rwabukombe, a former Mayor of Muvumba Commune, eastern Rwanda, was arrested last April.

These arrests followed the visit to Germany of Rwandan President Paul Kagame.

04 November, 2008

U.S. to airlift more African Soldiers for UNAMID

AFP
3 November 2008

The U.S. envoy for Africa says Washington is ready to airlift equipment and troops for the joint U.N.-African Union mission to Darfur to help ferry up to 4,000 peacekeepers.

The mission started deploying in the war-torn region in January, but remains at less than half of its 26,000 authorized capacity.

It has complained of Sudanese government stonewalling and transport problems.

The U.S. diplomat, Jendayi Frazer, says this is important progress but Washington still wants to see 4,000 additional troops in Darfur.

Sudan’s Foreign Minister Deng Alor says his government welcomes the U.S. airlift offer.

New Ambassadors Presents Credentials in Kigali.

The New Times
Felly Kimenyi
4 November 2008

The new US Ambassador to Rwanda, Honorable Stuart Symington, yesterday presented his credentials to President Paul Kagame at Urugwiro Village.

He replaces Mr. Michael Arietti, who was recalled a few months ago after serving four years in Kigali.

"I will definitely build on what my predecessor started I want to leave Rwanda at the end of my tenure with strong cooperation between the American people and the people of Rwanda," said Symington during an interview shortly after presenting his credentials.

He said that he will also work with the different stakeholders in strengthening the Tripartite Plus Joint Commission (TPJC), a regional security platform that was championed by the US.

The TPJC brings together Rwanda, Burundi, Uganda and the Democratic Republic of Congo.

"I want to leave the country and the region a better place not only in security but also with a vibrant economy because this is a region with vast wealth in both human and natural resources," the envoy said.

"I, together with other players, will play a role of linking Rwanda to the rest of the world," he remarked.

Other new Ambassadors who presented credentials to the President are Apichit Asatthawasa and Kevin Kelly of Thailand and Ireland respectively.

In an interview, Mr. Asatthawasa--who will be based in Nairobi, Kenya--, said that he will aim at fostering the existing relations between Rwanda and his country.

"There are bilateral relations between Rwanda and my country especially in agriculture, public health, rural development and culture," said Asatthawasa.

He gave an example of a team of experts that recently travelled to Thailand on a study tour saying that it was the outcome of the already existing cooperation.

Mr. Kelly, who will be based in the Ugandan capital Kampala, is the first Irish ambassador to Rwanda.

DUNGU: RESIDENTS RETURN AFTER UGANDAN REBEL ATTACKS.

MISNA
3 November 2008

“Following the fear and an attack of Saturday by the Ugandan rebels of the Lord’s Resistance Army (LRA), the people who had fled Dungu are slowly returning to their homes”, said to MISNA local sources of the town in the East Province, since mid September theatre to frequent rebel attacks against the civilian population. Based on the latest estimates referred to MISNA, one civilian, three soldiers and six rebels were killed on Saturday morning in Dungu; also between 7 and 12 civilians were killed in the nearby villages of Matebembo and Linakofo.

The number of abductions remains unclear, though confirmation has arrived on the kidnapping of a man and his two daughters in the industrial area of Dungu. The objective of the rebel attack on Dungu, targeted despite being patrolled by Congolese soldiers, was apparently to stock up on basic necessities and other material: three of the town’s main stores were in fact looted before the rebels returned to their bases in the forest. The attack forced several thousands of people from their homes. “The bridges of Dungu (crossed by two rivers that divide it in three neighbourhoods) are patrolled by the military today and the town appears to want to slowly return to normalcy. Tension however remains high in Dungu, where soldiers killed a local youth accused of collaborating with the rebels”, MISNA sources explained.

NORTH KIVU: NEW INTERNATIONAL DIPLOMATIC INITIATIVES.

MISNA
3 November 2008

The president of the African Union Commission (AU) Jean Ping has decided to nominate an ‘emissary’ for the ongoing crisis in North Kivu. He is expected to arrive in Kinshasa on Wednesday. In a note issued tonight in Addis Abeba, it is noted that Ibrahima Fall, former minister of foreign affairs for Senegal and former special representative for the UN secretary general for the Great Lakes, after visiting Congo, shall go to Rwanda and Tanzania, which currently detains the presidency of the African Union (AU). The goal of Fall’s mission will be to “consult the local leaders to promote a global approach to the current crisis” says the communiqué.

The UN has also designated its own special envoy for Congo, the ex-president of Nigeria Olusegun Obansajo; the nomination was announced by sec. gen. Ban Ki-moon, who expressed his own willingness to visit the region to meet the presidents of RD Congo and Rwanda. After the resignation of the Spanish general Vicente Diaz de Villegas, Ban Ki-moon has chosen, for the second time, the Senegalese general Babacar Gaye as chef de mission of the peacekeepers in the country (MONUC) for a six month mandate; therefore, Gaye shall resume the role that he had already occupied since March 2005 until just a few weeks ago. Gen. Diaz de Villegas, who had served as chef of mission since just two months ago, claimed "personal reasons" for his choice, several sources had indicated that the likelier explanation is to be found in MONUC’s difficulty in fulfilling its mandate in North Kivu.

WNJ Editor's Note: Sources in Kinshasa claim that General Diaz de Villegas requested permission to arrest General Nkunda and his deputies. Special Representative Alan Doss reportedly asked the Security Council to grant MONUC the mandate to carry out the operation when he went to New York to plead his case for reinforcements following the unilateral attack by the CNDP and 2 battalions of Rwandan Army forces. According to the sources, the United States objected to the plan. Realizing his proverbial hands were tied and he would be unable to address the problem, General Diaz chose to resign. A Senegalese national, General Babacar Gaye, who claimed at a press conference in the past that certain contingents of MONUC soldiers would not obey his orders, will reclaim his position as Force Commander. General Gaye was indicted by French officials at the end of September over the Joola ferry incident. Senegalese officials have strenuously denounced the arrest warrant as 'baseless.'

MONUC Confirms Rwandan Tanks Attacked Congo Army from Rwandan Territory.

AFP
by Michelle Faul
3 November 2008

Rwandan forces fired tank shells and other heavy artillery across the border at Congolese troops during fighting last week, the United Nations said Tuesday.

Congo's government had accused Rwanda of actively supporting Congolese rebel leader Laurent Nkunda, but the accusation marks the first time the U.N. has publicly said Rwanda was overtly involved in the latest fighting. Rwanda has repeatedly denied its military is involved in the conflict.

U.N. spokeswoman Sylvie van den Wildenberg told The Associated Press in Goma that Uruguayan peacekeepers saw Rwandan tanks and other heavy artillery fire into Congo on Wednesday as Nkunda's forces advanced toward the regional capital, Goma.

On Friday, Gen. Jorge Rosales, chief of Uruguay's army, said rebel troops "have tanks and heavy artillery" from Rwanda and that intelligence reports "indicate there are soldiers from that country integrated in the rebel forces."

Van Wildenberg said U.N. officials had asked the Rwandans about the firing and they denied it.

"But we saw it. We observed it," she said.

Alan Doss, the top U.N. envoy in Congo, said in a videoconference Monday that the "fire had come across the border from Rwanda near the Kibumba (displaced) camp where hostilities were under way."

Kibumba is located on a main road about 17 miles north of Goma. The Rwandan border is visible to the east, amid several volcanoes that straddle the frontier.

"We also had a unit in that area that was trying to stabilize the situation. ... I don't think it lasted any time," he said of the shooting. He said it had been documented when "our reports came in from our military observers on the ground that morning."

Rwanda invaded Congo twice in the late 1990s but initially denied its troops were there both times.

03 November, 2008

VRT: Nkunda soutenu par 600 militaires démobilisés du Burundi.

Le journaliste Peter Verlinden, de la VRT (la radio & télévision publique de la Belgique néerlandophone) a appris de sources diplomatiques à Bujumbura qu’au courant des semaines dernières, 600 soldats démobilisés de l’armée burundaise ont rejoint Laurent Nkunda pour combattre à ses côtés. Le ministre des affaires étrangères du Burundi a, toujours selon Peter Verlinden, confirmé cette information après une première investigation. Entre-temps, en toute discrétion, il a commencé à mettre sur place une commission d’enquête.

via Congo Forum
3 November 2008

02 November, 2008

COLOMBIAN ATTACK, GOV’T ACCUSES USA.

MISNA
31 October 2008

The US secret services were “fully aware” of the Colombian government’s decision to bomb a FARC base last March located in an area near the Ecuadorian border, said Ecuador’s minister of defense, Javier Ponce, discussing the results of a government investigation during a press conference. Ponce said that on the morning of March 1st, some Ecuadorian investigators “intercepted a phone call from CIA agents, announcing the imminent attack”. Quito, added Ponce, suspects that the Colombian air force offensive was backed by a US aircraft, which is normally used in joint US-Ecuador anti-drug operations. This is but the latest chapter in a regional diplomatic crisis, as relations between Colombia and Ecuador remain suspended; the Organization of American States (OAS) described the Colombian raid in Ecuador as a “premeditated violation” of Ecuador’s national sovereignty.
 
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