ICC judges grant the Prosecutor’s request to launch an investigation on crimes against humanity with regard to the situation in Kenya

ICC judges grant the Prosecutor’s request to launch an investigation on crimes against humanity with regard to the situation in Kenya
Source: International Criminal Court (ICC) THE HAGUE, Netherland
March 31, 2010/APO
ICC-CPI-20100331-PR512
Situation: Kenya

On 31 March 2010, Pre-Trial Chamber II, by majority, granted the Prosecutor’s request to commence an investigation on crimes against humanity allegedly committed in the Republic of Kenya.

In the decision, the majority finds that upon examination of the available information, bearing in mind the nature of the proceedings under article 15 of the Statute, the low threshold applicable at this stage, as well as the object and purpose of this decision, the information available provides a reasonable basis to believe that crimes against humanity have been committed on Kenyan territory. The majority moreover found that all criteria for the exercise of the Court’s jurisdiction were satisfied, to the standard of proof applicable at this stage.

The majority therefore granted the Prosecutor’s request, and allowed him to commence an investigation covering alleged crimes against humanity committed during the events that took place between 1 June 2005 (i.e., the date of the Statute’s entry into force for the Republic of Kenya) and 26 November 2009 (i.e., the date of the filing of the Prosecutor’s Request).

In his dissenting opinion, Judge Hans-Peter Kaul held that the crimes committed in the Republic of Kenya do not qualify as crimes against humanity under the jurisdictional ambit of the Statute. In particular, Judge Kaul disagreed with the majority on the requirements of a “State or organizational policy” as set out in Article 7(2)(a) of the Statute. Given the fact that the fundamental rationale of crimes against humanity as codified in Article 7 of the Statute was to protect the international community against the extremely grave threat emanating from such policies, Judge Kaul concluded that it had to be adopted either by a State or at the policy-making level of a State-like organization. Upon analysis of the supporting material, Judge Kaul concluded that there was no reasonable basis to believe that the crimes committed on the territory of the Republic of Kenya in relation to the post-election violence of 2007-2008 were committed in an attack against a civilian population pursuant to or in furtherance of a policy stemming from a State or an organization. Hence, Judge Hans-Peter Kaul felt unable to authorize the commencement of an investigation in the Republic of Kenya.

Background information

The Republic of Kenya ratified the Rome Statute on 15 March, 2005 becoming a State Party on 1st June 2005. According to the Rome Statute, the Court may exercise its jurisdiction in situations where the alleged perpetrator is a national of a State Party or where the crime was committed in the territory of a State Party.

On 6 November 2009, the Presidency of the International Criminal Court (ICC) issued a decision assigning the situation in the Republic of Kenya to Pre-Trial Chamber II composed of Judges Ekaterina Trendafilova, Hans-Peter Kaul and Cuno Tarfusser. If the Prosecutor intends to commence an investigation proprio motu in the Kenyan situation, he must first obtain authorisation from this Chamber. That is what the Prosecutor sought for on 26 November 2009 filing his request together with 39 appended annexes in approximately 1,500 pages.

Decision Pursuant to Article 15 of the Rome Statute on the Authorization of an Investigation into the Situation in the Republic of Kenya

Questions and Answers

SOURCE
International Criminal Court (ICC)

[end]

The Masai and the MacBook Pro

Source: White African Erik Hersman 14 March 2010
twitter.com/whiteafrican/statuses/10479025411

Credit: www.flickr.com/photos/uccvisitslewa/3378142961/in/photost...

UK gov't job vacancy: A2 Statistics Adviser based within World Bank Nairobi Country Office, Kenya

Seen on twitter:

RT with correct link #DFIDjobs New vacancy: Statistics Adviser, Kenya. Apply now: http://ow.ly/12ExI Closing date: 27 Feb
6:29 AM Feb 5th from HootSuite
dfid_uk

Based within the World Bank Nairobi Country Office, you will support the KNBS reform process, the design/implementation of the next KNBS strategic plan, and lead the sector's donor co-ordination. The closing date for applications is 27 February 2010. LAST UPDATED: 28 JAN 2010. Click here for specific vacancy information [PDF - 88 KB] and apply online.

Kenya - Land disputes at the root of African wars

Land disputes at the root of African wars

A selection of the African continent's fights over land that have turned into violent, conflict, or threaten to.

From The Christian Science Monitor
By Jina Moore Correspondent, 30 January 2010

Land battles that sparked African conflicts

Western Sudan (Darfur) In the 1970s, the government eliminated the country's native administration – a quasi-government and colonial holdover of traditional elders – and rejected traditional land rights, depriving Darfur's pastoralists of access to grazing lands. When famine exacerbated disputes about land in the 1980s, violence broke out. Land grievances were never resolved, and in 2003, a rebel movement made up in part of disenfranchised former landholders revolted against the Sudanese government, which retaliated by arming bands of camel herders known as janjaweed to repress the rebellion – and promising them hefty tracts of the land, emptied in the course of the violence the militia unleashed.

The Democratic Republic of Congo Often called Africa's most deadly conflict, violence in parts of the northeast started over grazing cows in1999, when Hema herders evicted Lendu farmers after purchasing their land. Eviction grievances led both tribes to pick up weapons. As violence spread, the value of other mineral-rich lands contributed to the chaos in which 5 million people have died.

Ethiopia and Eritrea A 1998 dispute over the dusty border town of Badme turned into all-out war, with 80,000 deaths in two years. The town became the flash point of an older argument over the border between the two countries. Both sides saw Badme as a symbol of their real economic concern: power over the port of Assab, the Red Sea trade gateway. Despite international court rulings, the countries consider the border dispute unresolved – and their presidents often rally support by threatening to resume the fight.

Kenya Many indigenous tribes lost rights to traditional lands when the British privatized land holdings. When Joseph Kenyatta, the first postcolonial president, sought land redistribution, he gave the most fertile to his Kikuyu tribe. In a later backlash, many Kikuyu were pushed off their pastures. This created ethnic land grievances that have inspired violence during Kenya's elections since the 1990s, most recently after President Mwai Kabaki, a Kikuyu, was accused of stuffing ballot boxes in 2007.

Rwanda The 1994 genocide may have been catalyzed as much by land scarcity as by ethnic tension. Africa's most densely populated country found itself nearly without enough land to make farmers trust that they and their children could support themselves. Though the slaughter of minority Tutsis was also ethnically motivated, land fears played no small part in the violence.

Zimbabwe Land grievances helped fuel the 12-year war that led to independence in 1979. But recent violence stems from land reform efforts. In the name of economic fairness, President Robert Mugabe seized white farms and turned them over to blacks, primarily government officials who knew little about farming. As a result, agricultural production plummeted, food became scarce, and inflation spiked. Mugabe held power in a 2008 election only with violent intimidation of Zimbabweans.

Combustible land disputes that could erupt in conflict

Burundi The past decade brought the return of more than a half-million refugees who'd fled violence that began with independence in 1963. Many found their homes occupied – and because laws give ownership to anyone who has peacefully occupied land for at least 30 years, many refugees lost their homes and livelihoods. Experts fear the grievance could spark renewed conflict.

South Africa At the 1994 transition to democracy, the government planned to redistribute 30 percent of white-owned farms to blacks within 20 years. Transfers are behind schedule, and more than half have failed. After an outbreak of racial violence last year, observers fear the status quo – with expectations so high, progress so slow, and livelihoods at stake – is combustible.

Southern Sudan The 2005 peace agreement that ended a 20-year fight for the south didn't resolve tensions between the nation's two land systems. Private property reform implemented in the north was rejected in the south, which continues to use traditional rules. Danger of a potential clash between parallel systems is amplified by what's at stake: The south is oil-rich.

Uganda After 20 years of violence in the north, peace is bringing people home – and disputes are erupting over who owns property. Eighty percent of Ugandans have property claims based on the traditional land system, but a generation of conflict has weakened the traditional authority, of elders to resolve disputes or enforce land rules. As the government steps in to fill the power vacuum, experts fear a backlash.

Zambia White farmers forced off land in neighboring countries, found fertile soils here, and were initially welcomed by the government (five years ago). The tone changed as some immigrant farmers agitated locals by putting down roots on traditional lands. New arrivals, especially those fleeing Zimbabwe, are closely scrutinized. Observers fear deepening tensions.

Related Stories

• In Africa, inheriting a field ... or a feud?
• Africa's continental divide: land disputes
• Rwandans: a reeducation in how to live together
• Blog: New ideas in fighting violence, finding forgiveness
• Africa After War: Paths to Forgiveness – Why Jeannette employs her family's killers

US suspends $7m Kenya aid over graft

From AFP - ‎26 January 2010:‎

(NAIROBI) — The United States has suspended a seven-million-dollar programme for Kenya's education ministry over a massive corruption scandal, Washington's ambassador Michael Ranneberger said Tuesday.

The move by Kenya's largest single aid partner came a month after Britain froze funding for the ministry of education over the disappearance of 1.3 million dollars.

"The United States government has suspended a planned five-year, seven-million-dollar capacity-building programme for the ministry of education that was scheduled to begin in 2010," Ranneberger said in a speech to the American Chamber of Commerce in Nairobi.

He added that the suspension would be effective "until there is a credible, independent audit and full accountability."

"Those culpable for the fraud should not merely be sacked; they should be prosecuted and put behind bars," Ranneberger said.

The ambassador generally expressed disappointment with pervasive graft in the country and the lack of accountability over the deadly violence that erupted following the disputed December 2007 polls.

"There is no more glaring example that impunity is alive and well in Kenya than the fact that two years after the events there has been no accountability for the over 1,000 lives lost and 350,000 people displaced," Ranneberger said.

"Those who organised, financed, and perpetrated the violence must be brought to justice, preferably through a local tribunal, but through international investigation and prosecution in the absence of a credible local tribunal."

The governing coalition formed in 2008 with the election's rival camps has been criticised at home and abroad for stalling key reforms recommended by internationally-backed post-violence commissions.

US suspends Kenya school funding

BBC News - ‎Jan 26, 2010‎

The US has suspended $7m of funding for free primary schools in Kenya until fraud allegations are investigated, the US ambassador in Nairobi has said. ...

Kenya Corruption Scandal Triggers Halt to US Education Funds Voice of America

US: Kenya travel advisory to stay Daily Nation

CNN International - Washington Post

all 138 news articles »

National Survey Shows Kenyan Internet Market Heading Towards 'Critical Mass'

National Survey Shows Kenyan Internet Market Heading Towards 'Critical Mass'
From Angola Press, Saturday, 30 January 2010:

(London) - The latest national survey from market research company Synovate shows Kenya's Internet market is growing fast and on the basis of this growth will soon reach "critical mass". The growth in users is coming from both urban and rural areas and is predominantly amongst the young and well educated.

The total sample for this random survey was 1,500 people, with 500 of those in a boost sample from across the major districts of Kenya. Therefore the coverage is nationally representative of adults 15 and above and has a sampling margin of error of + or - 3%. It makes comparisons with a similar survey it carried out in 2007.

On the basis of this sample, Synovate estimates that there are now 3.5 million Internet users in Kenya. However, daily Internet use has grown from 2% of the respondents in 2007 to 5% in 2009 and weekly use from 5% to 12% over the same period. The daily use figure is
the crucial one as it shows users who are finding that that they cannot do without Internet services.

If the weekly Internet use is broken down on an urban vs rural basis, urban use grew from 22% of respondents in 2007 to 30% in 2009. Rural use grew from 4% to 9% over the same period. These results confirm a lot of anecdotal evidence that has been reaching us about young people using the Government's new Internet centres and cyber cafes in rural areas.

The lower income groups recorded a much more fast paced growth in internet access.

However Internet penetration within middle class and below is still very low, making it the group with the highest growth potential. And following the expected drop in Internet costs LSM 4-10s should provide the highest growth in usage. At least half the non-users across all social categories said they would be interested in using the Internet if they had access.

In terms of age, 50% of the respondents using Internet were aged 15-34 with 21% in the 18-24 age bracket. The upcoming generation of Kenyans will be regular users of the Internet and it will form as much part of their lives as mobile phones. Over 56% of the Internet using respondents were college or University educated. Therefore those countries with better education levels in Africa will show markedly higher Internet penetration levels.

Pass this on: Missing Persons Registry - Haitian Earthquake January 2010

Copy of message today on Twitter from Ushahidi's Erik Hersman:

Pass this on. Missing persons registry for #haiti is http://www.haitianquake.com
about 4 hours ago from twhirl
ushahidi

Further reading

Patrick Meier's report at Ushahidi's blog, 13 January 2010: Our Efforts in Response to Haiti’s Earthquake - We’ve launched Haiti.Ushahidi.com

Ethan Zuckerman's blog post at My Heart's in Accra, 13 January 2010: Following the Haitian earthquake online