WUNRN
The
Women’s Initiatives for Gender Justice is an international women’s human rights
organization advocating for gender-inclusive justice and working towards an
effective and independent International Criminal Court (ICC).
|
|
|
|
E-Letter October 2009
In
addition to Women's Voices,
we also produce a regular legal newsletter, Legal Eye on the ICC, with summaries and
gender analysis of legal developments, judicial decisions, announcements of
arrest warrants and victims' participation before the Court, particularly as
these issues relate to the prosecution of gender-based crimes.
With
both online e-letters we will also update you about the programmes, legal and
political advocacy, campaigns, events, and publications of the Women's
Initiatives.
More information about the work of Women's Initiatives for Gender Justice and previous issues of Women's Voices and the Legal Eye can be found on our website at www.iccwomen.org.
CAR :: Pre-Trial Chamber II Grants Interim Release to
Jean-Pierre Bemba Gombo
On 14 August 2009, Pre-Trial Chamber II decided to grant
Jean-Pierre Bemba Gombo's request for interim release pending his trial on
charges of war crimes and crimes against humanity. The Chamber found that
continued detention was no longer necessary to guarantee Bemba's appearance at
trial, to ensure that he does not obstruct or endanger the investigation of the
Court, or to prevent him from participating in the commission of the same or
related crimes that are under the jurisdiction of the Court. However, the
Chamber delayed implementation of this decision until a State agrees to accept
Bemba onto its territory and enforce the conditions of his release.
On
24 August 2009, the Prosecution filed an appeal against the Pre-Trial Chamber's
decision, arguing that most of the circumstances justifying Bemba's continued
detention have not changed, and some new circumstances — particularly the
recent decision confirming the charges against Bemba — now weigh even more
strongly against release. Moreover, the Prosecution argued that the Chamber had
erred in granting the request without first identifying the State to which
Bemba would be released, the conditions of his release, the capacity and
willingness of the State to enforce the conditions and ensure that Bemba
reappears for trial. On 3 September, the Appeals Chamber granted suspensive
effect to the Prosecutor's appeal against the decision, ensuring that Bemba
will not be provisionally released until a decision is made on the appeal. The
Pre-Trial Chamber subsequently postponed its scheduled hearings where it had
planned to solicit the views of the States to which Bemba requested release,
the Prosecutor, victims, and the accused himself regarding Bemba's interim
release and conditions.
Victims
and witnesses expressed understandable concern about the possible release of
Bemba. They are waiting for others responsible for crimes committed in CAR to
be arrested and are dismayed that the one CAR-related accused in ICC detention
may be released.
Consultations
conducted by the Women's Initiatives with partners and victims' groups in CAR
following the ICC 14 August decision, indicate that victims feel 'traumatised
by the decision to release Bemba'. Women's rights activists believe false
testimonies are being collected from individuals who are claiming to be victims
and are completing ICC victim application forms with incorrect information
designed to 'blur the truth and the stories from real victims about what
Bemba's men did during the conflict'. Those consulted by Women's Initiatives
said they fear that 'they are trying to make the real victims seem like liars'.
It
is possible that a confirmation of Pre-Trial Chamber II's decision on the
conditional release would provide Bemba and his active and well-resourced
supporters with an easy tool for their propaganda. The decision to grant his
interim release could be manipulated as a false indication of his innocence in
the DRC, where he was a Vice President from 2003-2006 and, as the Court itself
recognised, remains a high profile political figure. Victims/survivors believe
that the confirmation of charges decision 'increases the temptation to escape
and obstruct prosecution' and makes his attempt to 'physically eliminate
witnesses' through his network of supporters more likely. Victims are not only
asking the Court to keep Bemba in detention, but also to prosecute former CAR
President Ange-Felix Patassé, who officially calls himself 'Bemba's father'
and, according to Women's Initiatives' partners, is Bemba's accomplice in many
of his crimes, including torture and execution.
As
feared by victims and activists, the renewed strength of Bemba's supporters has
already manifested in violent consequences. In one recent incident, gunmen
opened fire on the homes in Kinshasa of Environment Minister José Endundo and
Foreign Minister Alexis Thambwe-Mwamba. This attack was reportedly aimed at
intimidating these potential witnesses in the case against Bemba. Earlier this
year CAR activists expressed the belief that the ICC, despite its flaws,
remains an effective instrument in the fight for justice and ending impunity in
their country. Bemba's interim release could, in their opinion, lead the public
to question the strength of the ICC and its effectiveness in delivering
justice.
This
is the first test for the Court in applying the criteria for the provisional
release of an accused, as provided by the Rome Statute. In analysing the
factors weighing for or against release, the Women's Initiatives believes the
Court should place a greater emphasis on the history of Bemba's cooperation
with the Court prior to his
arrest, rather than solely on his cooperation since he has been in
custody. Bemba did not surrender voluntarily, on the contrary, he was
apprehended and arrested. When considering Bemba's potential flight risk, this
fact should be given more weight than his behaviour while in detention.
Bemba
has indicated he is willing to abide by 20 conditions[1]
if provided with provisional release, but these should not serve as guidelines
to the Court. Should the Appeals Chamber allow the interim release to proceed,
the Women's Initiatives urges the Pre-Trial Chamber to impose highly
restrictive conditions on Bemba due to the very real possibility that he will
use the opportunity to abscond or to arrest or intimidate witnesses. At a
minimum, the conditions should include:
Sudan :: Lubna's
'Trouser Trial'
On 3 July 2009, Lubna Ahmed Hussein, a columnist for the
Sudanese daily newspaper Alsahfa
and Public Information Officer for the United Nations Mission in Sudan (UNMIS),
was arrested with 13 other women attending a party in Khartoum, on the grounds
that she was illegally wearing trousers. The authorities charged her with
breaching Article 152 of the Sudanese Penal Code. This provision, in effect
since 1991, stipulates that any conduct or clothing in violation of public
decency is subject to a punishment of 40 lashes. The Article is vague on the
definition of 'indecent clothing' and contravenes the country's Interim
National Constitution that came into effect after the Comprehensive Peace
Agreement of 2005. Despite this, the law is still being used as a powerful tool
to harass women on the streets of Khartoum and across Sudan.
According to Lubna, ten of the women arrested have been punished
with ten lashes each and fined 250 Sudanese pounds (almost US $100) after a
quick summary trial. She also reported that four of the flogged women were
non-Muslims from South Sudan and were therefore not punishable under Islamic
Law as provided for by the Comprehensive Peace Agreement (CPA) of 2005.
Moreover, Lubna reported that three of the women were minors (one 16 and two 17
years old), making them too young to defend themselves in Court and unable to
afford legal representation.
Lubna
and two other women decided to take the case to trial. She distributed 400-500
invitations to civil society organisations, women's groups, media outlets,
human rights organisations, and government ministries. The initial trial took
place on 29 July 2009. Lubna renounced the immunity from prosecution to which
she was entitled in her capacity as a UN staff member, stating that she was
willing to subject herself to prosecution in order to challenge the law.
The
judge adjourned the hearing until 4 August. On that date the trial was adjourned
once again until 7 September, as the judge said he needed to clarify whether
the defendant was immune from prosecution and added that the issue would be
referred to the Foreign Ministry.
On
7 September the trial resumed and Lubna was found guilty for wearing 'indecent
clothing' under Article 152. The court fined her 500 Sudanese pounds (almost US
$200). Lubna reportedly said, 'I won't pay. I'd rather go to prison.' According
to Mr Kamal Omar, one of Lubna's lawyers, she was taken to the women's prison
in Omdurman.
On
8 September, Lubna was unexpectedly released. Sudanese electronic media
reported that the head of the Journalist's Union, Mohyideen Titawi, announced
that the Union had paid the fine and received a judge order to release her.
Lubna expressed dissatisfaction at this development, saying she had not asked
for the fine to be paid and in fact had instructed her friends and family not
to pay it.
Titawi
said that the union paid the fine because it had a responsibility to 'protect
journalists when they are in prison'. Many journalists and observers from
Khartoum believe that the journalists union was nudged by the government to pay
the fine in hopes of avoiding escalation of the international public relations
nightmare created by the case. A journalist who asked not to be named told the
Sudan tribune, 'She was a journalist when she was arrested for indecency. Where
were Titawi and his union? Did they just now discover that she is a journalist
and intervene on her behalf? This is just a face saving move by the government
and Titawi was its tool. They don't want to appear like they lost the battle
with Lubna. The fact of the matter is that they lost miserably in this
scandal.' The Sudanese Journalist Union is widely viewed as a pro-government body.
The group was heavily criticised for failing to stand up to the government on
press censorship.
The
United Nations human rights office said Hussein's conviction violated
international law. 'Lubna Hussein's case is in our view emblematic of a wider pattern
of discrimination and application of discriminatory laws against women in
Sudan,' UN human rights spokesperson Rupert Colville told a news briefing in
Geneva. 'No defence witnesses were heard. It is not clear there is a chance to
appeal,' he told Reuters. The case of the Sudanese journalist is not uncommon
but Lubna has worked to make it public by printing invitations to her trials
and showing pictures of how she was dressed when arrested by Public Order
Police.
The
Women's Initiatives' partners in Khartoum reported that Lubna was not left
alone in her protest. On the morning of 7 September, members of women's groups,
civil society, and political parties, as well as individuals, started gathering
in front of the court premises under the umbrella of the 'No to the oppression
of women' initiative, a voluntary group that supports Lubna. This group demands
the repeal of Article 152 of the Penal Code, considered by a majority of
Sudanese women to be too vague in defining what violates public decency. The Women's
Initiatives' partners estimated that around 100 women and 50 men waited outside
the court, protesting against discrimination against women and Article 152 in
Sudan. As a result of these activities, the police started arresting and
beating some women. Three of them, Amira Osman, Amani Gaffar and Sara
Abdalrahman, were injured, one of them seriously. Around 10.30 am the police
arrested 46 women, charging them with violating public nuisance laws. Several
lawyers volunteered to represent them. All those arrested were released at 2.30
pm and held a press conference at the daily newspaper Ajarass Alhurria.
Lubna
does not consider her experience to be unique; she sees herself as one
representative of all the women who have been flogged during the past 20 years
but who were not able to speak out for fear of social stigma. In a recent
article she wrote, 'the director of police has admitted that 43,000 women were
arrested in Khartoum state in 2008 for clothing offences, it's not just about
clothing'. She added, 'the laws under which we live have not modernised with
our economy. Despite a new constitution in 2005, a comprehensive peace
agreement and the protocol of human rights, women are still constrained — not
only in their freedom of dress but also their freedom to work. Journalists are
prevented from speaking out and people are detained without reason.'
Sudan :: Thoria Consultation Meeting and Workshop for Sudanese
Women
From 14-16 August 2009, the Women's Initiatives for Gender
Justice conducted a consultative meeting and workshop for 20 Sudanese women
from Darfur and Khartoum. The meeting took place in an African country that
cannot be disclosed for security reasons.
The
main purpose of this meeting, Towards
Gender Justice and Equal Participation on Darfur Peace Talks/Process,
was to work towards ensuring the active participation of women in the ongoing
peace process and to mobilise more national NGOs, women's human rights groups
and peace activists to engage in work on law reform issues with a special focus
on the rape law. The participants were victims/survivors of gender-based
violence from internally displaced persons ('IDP') camps inside Darfur, women's
human rights organisations and women peace activists, advocates,
parliamentarians and media.
The
participants were informed about ongoing peace efforts and they identified the
gender gaps in these efforts. There was also a comprehensive presentation about
the law and procedures affecting women, with special reference to the Sudanese
rape law. Participants said the meeting was a great opportunity for them to
acquire and share knowledge about women's participation in previous Darfur
peace talks/processes. It also provided them with lessons about the challenges
ahead and will help in development of a plan to ensure the influential
participation of women in the Darfur peace process. The participants also
developed strategies on how to lobby and campaign for the reform and
mainstreaming of laws affecting women, especially the rape law.
At
the end of the meeting, participants collectively decided to name the meeting
after the late great Sudanese activist Thoria, as an acknowledgement and
recognition of her support of the women of Darfur. Thoria passed away on 11
July 2009 after a long sickness. She was a well-known lawyer and activist from
Darfur, committed to women's issues, and she contributed widely through her
participation in peace talks and in the legal defence of women
victims/survivors. At the time of her passing, Thoria was working as a Human
Rights Officer with the United Nation Mission in Darfur (UNAMID). Thoria also
worked closely with the Women's Initiatives for Gender Justice, especially
during the International Justice for Women Forum organised by the Women's
Initiatives in Kampala in October 2008.
DRC :: US Secretary of State Hillary Clinton Visits North Kivu
On 11 August 2009, US Secretary of State Hillary Clinton visited
North Kivu as part of her seven-country, 11-day African tour.
Following
an official summit with the Congolese Prime Minister in Kinshasa, Clinton moved
to Goma, North Kivu, where she met with the Congolese President Laurent Kabila
and MONUC peacekeepers, and visited the 'Heal Africa' hospital, which
specialises in the treatment of sexual violence victims. There, Secretary Clinton
met with a group of local and international NGO representatives. According to
Women's Initiatives' partners who participated in this meeting, Secretary
Clinton opened the discussion announcing a new pledge of US $17 million to fund
programs aimed at the prevention of sexual and gender-based violence and to
assist victims of sexual and gender-based violence in the DRC. She said that
the US Ambassador-at-Large for Global Women's Issues, Melanne Verveer, will
focus on increasing efforts to address sexual violence in the DRC. The US
funding, according to Secretary Clinton, will provide training for doctors,
especially to treat obstetric fistula, as well as medical care and legal
support for more than 10,000 women. Nearly US $3 million will be dedicated to
the training of police officers, particularly women officers, on how to prevent
sexual violence and protect women and girls. Finally, the funding will be used
to provide women and frontline workers with equipment and mobile devices to
document and report abuses and aggressions.
During
the meeting, Congolese women activists spoke about the root causes and
consequences of gender-based violence in their country. In particular,
according to Women's Initiatives' partners, the speakers offered an analysis of
the problems caused not only by widespread insecurity, persistence of impunity,
and the illegal mineral trade, but also by the joint military operation Kimia
II carried out by the Congolese Army and the UN Peacekeeping Mission (MONUC)
against the Democratic Forces for the Liberation of Rwanda (FDLR) militia.
Women activists welcomed with great hope Clinton's unprecedented visit, asking
her to speak out in the international community about what she witnessed in
Goma and not to forget her experiences there.
After
listening to the women's reports, the chief US diplomat visited the Mungana IDP
camp on the outskirts of Goma, where 18,000 displaced people are currently
located. There Secretary Clinton witnessed first hand the dramatic situation of
the Congolese population and the plight of 'women and girls in particular who
have been victimised on an unimaginable scale, as sexual and gender-based
violence has become a tactic of war and has reached epidemic proportions. Some
1,100 rapes are reported each month, with an average of 36 women and girls
raped every day.'
During
a previous private meeting with President Kabila, Secretary Clinton stressed
the importance of the serious and effective involvement of the civil and
military authorities in the fight against impunity for perpetrators of sexual
violence, and of ensuring that this extends to high-ranking soldiers of the
Congolese Armed Forces (FARDC). She also announced that the US will cooperate
with the Congolese authorities in order to reform and professionalise the military,
which too often responds to the lack of pay for months by pillaging and
attacking villages and civilians. Secretary Clinton addressed the problem of
corruption too, urging the DRC government to take measures to promote good
governance.
Read
the US Secretary of State Hillary Clinton's article 'What I saw in Goma', at
http://www.people.com/people/article/0,,20299698,00.html
DRC :: Women's Groups Sending SOS Message to UN Security Council
Delegates
On 19 May 2009, women's rights activists in Kinshasa delivered
an SOS message to the delegates of the UN Security Council visiting the country
about the threats and attacks that activists are subjected to as a result of
their work defending and promoting women's rights. The joint statement was
delivered by representatives of CAFCO, CENADEP, SOFEPADI, SYFET and RENADEF,
and the Women's Initiatives for Gender Justice.
The
Security Council diplomats met with President Joseph Kabila to discuss the
security situation in the country and the rapprochement since the end of last
January between the DRC and Rwanda. In a separate meeting with the
parliamentarians, the 15 delegates discussed the situation of human rights in
the DRC and the measures needed to strengthen state authority and the internal
political process, as well as the next phase of the mandate of MONUC.
The
SOS Declaration delivered to the delegates reflected the concerns of women's
activists about the extremely dangerous situation in the DRC for women
generally, and for women's rights activists in particular. Violence,
intimidation and discrimination limit women's ability to participate in public
affairs and to contribute actively to the end of the conflict. Three episodes
of violence against women activists and their families are listed in the
Declaration, to exemplify the climate of constant fear and intimidation in
which female women's rights defenders live and work.
The
SOS Declaration called upon the UN Security Council Delegates to:
As
a result of this initiative, women activists were invited by the embassies of
France and Belgium and by MONUC officials to further discuss measures which
would improve women's security in the DRC. So far, the meetings have not taken
place, as women activists have not received an invitation.
================================================================
To contact the list administrator, or to leave the list, send an email to:
wunrn_listserve-request@lists.wunrn.com. Thank you.