Africa

July 17, 2016 (JUBA) – Official spokesperson of the South Sudanese First Vice President, Riek Machar, said they cannot trust President Salva Kiir to provide security and protection to their leadership in Juba, saying the president is not in control of incidents that happen around him.

South Sudan President Salva Kiir (C) adresses a press conference together with FVP Riek Machar (R) and SVP James Wani at the State House on July 8, 2016 (Reuters Photo)

“No, we don't trust President Salva Kiir and his assurances to provide protection to our leadership,” James Gatdet Dak, spokesperson of First Vice President, Riek Machar, told Sudan Tribune on Sunday.

He said majority of their officials of the Sudan People's Liberation Movement (SPLM-IO), including a national minister, have fled to the United Nations protection of civilians (POCs) site in Juba in fear for their lives.

This, he said, occurred after the SPLM-IO's Secretary General, Dhieu Mathok Diing, who is also the minister of Energy and Dams, was beaten inside his hotel and briefly detained by President Kiir's security personnel on Friday despite Kiir's assurances to protect them.

The opposition leader's spokesperson was responding to renewed calls by President Kiir over the weekend, in which he called on Machar to resurface and return to Juba from his hiding, assuring to protect him, or even stay with him in his house.

"I have been ready to resume talks on the issues we were discussing before this thing [violence] erupted. We were left with few things to conclude the discussions so that we begin with the implementation [of the August 2015 peace agreement]," he added.

The president was speaking for the first time since his forces clashed at the presidential palace with those loyal to Machar last week, leaving more than 270 soldiers from the two sides dead, 37 of whom belonged to Machar's forces, officials have confirmed.

President Kiir vowed he would provide protection to Machar and his forces, citing the amnesty he had issued after declaring ceasefire as a guarantee for the security of his deputy and his forces.

"Nobody is hunting for him [Machar] and his forces. If he comes, I will protect him. He will stay with me if [he] feels he is not safe staying alone," he said.

"I don't want any more bloodshed in South Sudan," stated Kiir.

But Machar's Press Secretary, James Gatdet Dak, said they wanted a “third party force” to be deployed in Juba to create a buffer between rival forces and ensure security in Juba, thus the protection of the leadership, saying they would not trust President Kiir's assurances.

Dak said they believed that the incidence of fighting at the J1 palace was a plan to harm Machar in crossfire if he tried to leave the palace and run back to his base, which was about five kilometres away from the palace.

He said President Kiir either knew what was happening in the various incidents or was not in control of his forces.

“President Kiir is not in control of incidents that occur around him. He is not in control of his army commanders and other organized forces. So how do you trust protection from a leader who is not in control, or who might have been blessing violent actions of his commanders or security personnel?” he said.

Dak lamented that every time someone was killed or tortured by security personnel loyal to President Kiir, he would say he didn't know how it happened and who did it.

“For instance, President Kiir's military intelligence and national security personnel killed our officer, Lt. Colonel George Alex Gismala, and took his body to their military barrack, but the President said he didn't know who did it. Our soldiers were fired at, resulting to the initial clash that saw the death of five of his soldiers on Gudele road on Thursday, July 7. He [Kiir] also said he didn't know how it happened. On Friday, July 8, he called the First Vice President, Dr. Riek Machar, for a meeting in his palace and suddenly his bodyguards teamed up with hundreds of his soldiers and began to shoot at Dr. Machar's bodyguards and the clashes ensued. He also said he didn't know about how it started,” Dak further said.

He further charged that on Sunday, 10 July, President Kiir's forces launched several attacks on their base at Jebel and the residence of the First Vice President using tanks and helicopter gunship, indicating that they were after Machar.

He said if Machar did not remain in the palace during the 8 July clashes, he would have been killed by President Kiir's forces outside the palace and the president would have said he didn't know how it happened.

“President Kiir did not protect First Vice President, Dr. Riek Machar. They happened to get stuck with each other inside the palace. Either of them did not want to leave the palace as the fighting was going on outside the palace,” he said.

He also said the bodyguards of the two leaders took a wise decision by not echoing the fighting inside the palace because each side knew that their leader was going to be targeted and risked getting killed.

“They got stuck inside the palace until a third party was involved in arranging and ensuring how the leaders were escorted to their respective residences at night,” Dak further clarified, adding, “President Kiir was also ensuring his own safety by being near to Dr. Riek Machar in the palace.”

He added there was need for a third force to be deployed in Juba to take charge of its security, further arguing that the opposition's forces which are part of the integrated forces for the security arrangements in Juba - but remained behind – should also be transported to Juba.

There was supposed to be a total of 2,910 of the military and police force for the opposition fighters in Juba, but only 1,300 soldiers arrived with only light weapons as they were not allowed to bring in heavy weapons.

Dak accused President Kiir's forces of planning to attack Machar and his forces where they have now been relocated to around Juba.

He said he had received information that President Kiir's army had ordered their warplanes, helicopter gunships, to search for the whereabouts of Machar to bomb him and his forces.

He also said President Kiir's faction wants to further dismantle the August 2015 peace agreement by seeking to illegally identify and appoint a “stooge official” from the SPLM-IO to replace Machar as First Vice President.

(ST)

July 17, 2016 (KHARTOUM) - Sudanese government on Sunday said it has evacuated 1473 of its nationals from South Sudan following the recent bloody clashes in the newborn state.

The committee tasked with following up on the conditions of the Sudanese citizens in conflict areas revealed that 1473 out of 3000 persons who expressed desire to return to Sudan from South Sudan have been evacuated so far.

An official at the operation room set up by the Sudanese Working Abroad Authority (SWAA) to follow up on the evacuation procedures said that 376 people have arrived at Khartoum airport from Juba on Sunday.

He told the semi-official Sudan Media Center (SMC) that they are continuing to register Sudanese nationals who wish to voluntarily return to the country, pointing to the continued coordination with the Sudanese embassy in Juba to monitor the situation of the Sudanese in the various parts of South Sudan.

Head of communities and migration department at the SWAA, Al-Rahid Abd al-Latif , on Friday said that the number of the Sudanese nationals in South Sudan is around 50.000 persons, among them 3000 facing difficult situations and willing to return home.

On July 7th, fighting erupted in South Sudan's capital Juba between followers of President Salva Kiir and Riek Machar, the former rebel leader who became vice president under a deal to end a two-year civil war.

The violence, which has killed hundreds of people, broke out as the world's newest nation prepared to mark five years of independence from Sudan on July 9.

In response to the mounting pressure from the international community, the rival leaders have unilaterally declared cessation of hostilities to stop the fighting.

(ST)

July 17, 2016 (KHARTOUM) - Sudanese opposition umbrella of the Sudan Call forces would hold a meeting in Paris from 18 to 23 July to discuss its structures besides the Roadmap Agreement and coordination with other opposition forces.

Leaders of the opposition "Sudan Call" sign an agreement on the alliance's structures in Paris on 22 April 2016 (ST Photo)

The “Sudan Call”, which was established in Addis Ababa on 3 December 2014, includes the National Umma Party (NUP) and rebel umbrella of Sudanese Revolutionary Front (SRF), the National Consensus Forces and the Civil Society Initiative (CSI).

In a statement extended to Sudan Tribune on Sunday, the Sudanese Communist Party (SCP) said it wouldn't participate in the Paris meeting, pointing that the NCF has not taken a collective decision regarding the participation of the alliance in the meeting.

However, the Sudanese Congress Party (SCoP), which is also a member of the NCF, said its chairman Omer Youssef al-Digair has travelled to Paris on Sunday to take part in the Sudan Call meeting.

Also, the NCF leader Farouk Abu Issa is expected to participate in the Paris meeting.

The NCF, which consists of SCP, SCoP, a faction of the Democratic Unionist Party, some national Arab groups says the regime is not credible and points that the popular uprising is the best way to achieve regime change.

Meanwhile, in a statement extended to Sudan Tribune on Sunday, the NUP hoped that Paris meeting would complete the organizational structures of the alliance to achieve its goals, stressing its commitment to engage in an equal dialogue.

The NUP also underscored its keenness to maintain the joint stance of the Sudan Call forces, stressing that it wouldn't sign the Roadmap unilaterally.

It pointed to the popular uprising as an effective means to overthrow the authoritarian regimes, saying the regime continued to violate all agreements in order to hold on to power.

Earlier this month, the NUP leader said the Sudan Call will likely sign the Roadmap after Paris meeting.

Sudan Call forces had earlier disclosed that international parties including the United States (US) are making efforts to convince them to endorse the Roadmap.

Last March, the African Union High Implementation Panel (AUHIP) proposed a roadmap agreement to the Sudanese government and four opposition groups from the Sudan Call forces.

However, only Khartoum government signed the framework text while the four groups declined the text, saying the Roadmap would reproduce the regime.

The opposition groups handed over a supplemental document to Mbeki and vowed to reconsider their rejection of the Roadmap if he accepts it to ensure that the Roadmap becomes a gateway to an equal, serious and fruitful dialogue.

The Sudanese government declined to accept the opposition supplemental document on the Roadmap, saying the peace plan is definitive and cannot be modified.

Khartoum has received widespread international and regional support for the signing of the Roadmap. The UN chief, African Union chairperson, the United Kingdom and the United States have also urged the opposition groups to join the peace plan.

(ST)

July 17, 2016 (JUBA) - South Sudanese President, Salva Kiir, has given his first deputy, Riek Machar, ultimatum to return to the national capital, Juba, and resume his duties or risk being replaced with someone from his faction, an official told Sudan Tribune on Sunday

Riek Machar, left, first vice president of the Republic of South Sudan, and Salva Kiir, the president, at the first meeting of the new transitional coalition government in Juba, South Sudan, in April, 2016 (Jason Patinkin/AP)

Machar fled from Juba on Monday, 11 July, following a deadly armed confrontation at the presidential palace, resulting to the death of more than 300 rival soldiers and civilians, with 37 soldiers reportedly from Machar's side.

President Kiir, according to a presidential source, said he started consultations with some of his confidants and some officials from Machar's faction of the Sudan People's Liberation Movement (SPLM-IO) in unity government about the matter.

"The transitional government of national unity cannot be held hostage because of Riek. If he does not want to come out from his hiding despite all the assurances of protection, even with the president coming [out] himself to declare to chairman of Joint Monitoring and Evaluation Commission (JMEC) and special envoy of the African Union that he will stay together with him if he feels unsafe staying alone, then the president has the right to appoint anyone from SPLM-IO to replace him," a presidential source told Sudan Tribune on Sunday.

The official said there were several senior members of Machar's armed opposition faction from which a nominee could be found to replace him to continue with the implementation of the peace agreement as well as rendering services to the people instead of waiting for other negotiations.

"There are many members of the SPLM-IO here in Juba. The minister of Mining, Taban Deng Gai, who was chief negotiator during the peace talks can be appointed," he revealed.

Also, Bol Makueng, Secretary of Information in the SPLM faction of President Salva Kiir on Sunday revealed in a statement over the South Sudan Broadcasting Corporation (SSBC) that if Machar did not return within a given time, he will be replaced with alternative leader.

He said this was resolved in the SPLM political bureau meeting under the leadership of President Kiir.

Sources said Taban Deng Gai and Ezekiel Lol Gatkuoth are leading a campaign to replace Machar, but other SPLM-IO officials have reportedly refused.

Taban Deng has been a controversial figure in the SPLM-IO, with allegations since last year suggesting that he was recommended to President Kiir by the Jieng [Dinka] Council of Elders (JCE) to replace Machar.

But others said Deng has no popularity among the Nuer and his ascending to the senior government position may drive away President Kiir's Bul-Nuer allies who disliked him.

The South Sudanese president this week dismissed the deputy minister of foreign affairs and regional cooperation, Cirino Hiteng. The official is from the former detainees and the decision to remove him was seen as a violation of the peace agreement.

In the agreement, President Kiir has no power to replace an official from another partner in the transitional government of national unity unless recommended to him by the top leader of that particular party.

(ST)

July 17, 2016 ((EL-FASHER) - The governor of North Darfur state Abdel-Wahid Youssef announced on Saturday the return of a Border Guards militia officer Musab al-Ahmed Mohamed Mahmoud, who defected in October 2013, with his troops and weapons.

The defected group members were discharged from the service upon their movement to Mellit area during an attack by the rebels in October 2013.

First Lieutenant Mahmoud who defected with his 700 militiamen, is now integrated in the Rabid Support Forces (RSF).

Addressing the RSF in El Kuma area of North Darfur, the governor pledged to put an end to any injustice against the government forces, in accordance with the military disciplines.

The governor has welcomed the return of the first lieutenant Mahmoud, urging everybody to show respect to their leadership and to the body to which they belong.

The commander of the sixth infantry division Major General Ashraf Al-Rifa'ai has meanwhile announced the end of differences with the renegade group, and praised them for their cooperation.

Al-Rifa'ai also appreciated the role of the mediators who managed to solve the crisis, saying that “it is easy to defect, but it is difficult to join peace”.

He further affirmed that Mahmoud has become safe after his return, stating that “we welcome him inside the army”.

“We would like to tell Ziyadia and Berti that Mahmoud is not keener than us to protect you”, he added.

Mahmoud and his soldiers deserted their military unit in South Kordofan and returned to Mallit to protect the tribes of Berti and Ziyadia after rebel attacks on the area.

To punish their bad conduct, the military command ordered the formation of a court-martial. But the lieutenant defected with his troops.

In his speech, Mahmoud extended his apology to the armed forces and the citizens for whatever he did.

“This is a new page and a break with the past. The country cannot afford conflict anymore”, he added.

He announced that the vehicles and the military equipment in their possession are now at the disposal of the military command, and called on the rebels to join peace.

(ST)

July 16, 2016 (JUBA) Security Authorities in South Sudan have on Saturday issued a directive shutting down an independent English newspaper, hours before arresting its founding editor.

Alfred Taban (Time-UA Photo)

Alfred Taban, the Editor in Chief of the Juba Monitor, was arrested after having received several telephone calls from security service to report their headquarters in Jebel.

"I am now on the way to them. They called the associate editor and also my number but I could not hear because I had placed the telephone on silence, when I was in the prayer services in the church. They called Ann Nimiriano and they told her they were looking for her and me," Taban told Sudan Tribune when reached to know why the security services were looking for him.

The Associate Editor ,Ann Nimiriano Nunu, confirmed in a separate interview when reached on Saturday on the same matter that she received several calls from the security looking for Alfred and herself.

"I went with him (Alfred) to the headquarters of the security because they asked us to go, so we went. they called several times when Alfred was in the church", Nunu told Sudan Tribune on Saturday .

"He was arrested in my presence", she added.

Nunu said security services were reacting to Taban's call for resignation of President Salva Kiir and the First Vice President, Riek Machar in his "Let Us Speak Out" column, published on Friday's edition about the situation in the country.

Alfred, said he, is convinced that Kiir and Machar would never work together in uniting the country.

"They have ordered the closure of the paper", she added.

"So we are not coming out tomorrow and we don't know when they will allow us to operate again," she said.

(ST)

July 16, 2016 (NYALA) - Unidentified gunmen have stormed a house in Al-Salam neighbourhood in South Darfur state capital, Nyala killing one woman and severely wounding her son.

Internally displaced women carry food to their shelter at Alsalam camp - ElFasher 7 Nov 2010 (Reuters)

A family relative of the victims by the name of Salih Nyam told Sudan Tribune that 3 masked men broke into the victims' home in the early morning hours on Saturday and opened fire on the family members who attempted to resist them.

He pointed that a woman died immediately and her son sustained serious injuries and was rushed to Nyala Teaching Hospital, saying the perpetrators fled toward the north-eastern part of the town.

According to Nyam, the security organs failed to arrest the culprits despite its readiness and wide presence across the town.

He further said that hundreds of residents have attended the funeral at A-Salam cemetery and expressed anger that perpetrators have evaded justice.

In a separate incident, 3 gunmen have stormed the house of Al-Fadil Issa, an employee working for the locality of Nyala, in Al-Khartoum Bellail neighbourhood at 3:00 am (local time) on Saturday and stole his property at gunpoint before fleeing to an unknown destination.

Nyala residents have recently expressed concern over the return of the lawlessness situation which prevailed in Nyala before imposing the emergency situation.

Following several looting and killing incidents last month, South Darfur state deployed large military reinforcements to enhance security and curb looting crimes in Nyala.

Since July 2014, the governor of South Darfur Adam Mahmoud Jar al-Nabi, declared an indefinite emergency situation in the state, including a curfew from 07:00 pm to 07:00 am (local time) in Nyala.

The decision also banned riding of motorcycles by more than one person, holding weapons while wearing civilian clothes, vehicles driving around without license plates, and wearing a kadamool (a turban which covers the face).

(ST)

July 16, 2016 (NAIROBI) – World leaders should uphold to commitments made during the 2012 United Nations Conference on Trade and Development (UNCTAD) held in Doha.

Panelists at the civil society forum in Nairobi, Kenya July 15, 2016 (Photo credit:TJN-A))

The call from civil society organisations came as the UNCTAD Secretary General, Mukhisa Kituyi opened a forum in Nairobi, Kenya on 15 July.

He challenged civil society entities to maintain the momentum in making their demands.

“There must be greater efforts made towards inclusion of all stakeholders, especially women and youth, if at all we are to achieve the SDGs [Sustainable Development Goals]”, said Kituyi.

“There can be no Sustainable Development Goals without Least Developed Countries".

In the recent past, western member states of UNCTAD have reportedly come under intense criticism for their sluggishness in supporting the agency's initiatives and expanding its roles to cover other areas crucial for the advancement of developing nations.

Concerns have also been raised on the role UNCTAD will play in influencing global trade and development in the future as it is gradually relegated to an implementation mechanism for trade agreements.

“As negotiations begin, we are calling for a mandate that addresses specific constraints of developing countries, adoption of gender-sensitive policies on trade and development, institution of measures that curb the illicit transfer of economic resources from developing countries,” said Tax Justice Network-Africa's executive director, Alvin Mosioma,

This year, civil society organizations have attended two hearings at the UNCTAD headquarters in Geneva, making contributions into the negotiating text of the conference.

Over 7,000 delegates are expected at the forum on the theme, From Decisions to Actions.

(ST)

July 16, 2016 (JUBA) - As African and world leaders met at African Union summit in Kigali, Rwanda, South Sudan's recent conflict dominated the continental gathering.

A view of the 22nd African Union summit in Addis Ababa on January 31, 2014 (AFP Photo/Solan Gemechu)

South Sudan witnessed violent clashes last week when forces loyal to President Salva Kiir and Vice-President Riek Machar fought in Juba, leaving hundreds dead.

At a mini-summit held in Nairobi Monday, regional leaders discussed how South Sudan's ongoing power struggle could be resolved and how the two factions can be reined in, to end the hostilities which has reportedly displaced more than 40,000 civilians.

The UN warned of tension and the possibility of fresh fighting in the country's Juba, where a shaky ceasefire has held since late Monday.

Meanwhile, the UN Secretary-General, Ban Ki-moon appreciated Rwanda's contribution to the world body's peacekeeping, including in the Central African Republic, Darfur, Sudan and South Sudan.

He met with Rwandan President, Paul Kagame at ongoing African Union's extraordinary summit, which is taking place in Kigali, Rwanda.

Both leaders, the UN said in a statement, expressed deep concern at the recent escalation of violence in South Sudan, its impact on the civilian population and consequences for the peace process. They urged South Sudanese leaders to demonstrate the commitment required to bring to an end the tragedy unfolding in their country and fulfill their people's aspirations to peace, security and reconciliation.

“The Secretary-General and the President agreed on the need and urgency of renewed international engagement to advance the quest for peace in South Sudan,” it stated.

According to the world body, the role of the Intergovernmental Authority on Development (IGAD) and the African Union, including within the framework of the AU High-Level ad hoc Committee on South Sudan, of which Rwanda is a member, was stressed.

“The Secretary-General seized the opportunity to recall the recommendations he made to the Security Council, including an arms embargo, targeted sanctions, and strengthening the capacity of the United Nations Mission in South Sudan (UNMISS),” it further noted.

Also discussed during the meeting in Kigali was the volatile situation in Burundi, where Rwanda was also applauded for hosting thousands of Burundian refugees.

(ST)

July 16, 2016 (JUBA) - The South Sudanese government has imposed restrictions on the movement of its nationals, denying them access to their families in neigbouring nations in violation of their constitutional and basic rights to freedom of movement.

The arrivals of Juba International Airport (File Photo)

It is still unclear as to who issued the directive and for what purpose.

The director of Juba international airport, Kur Kuol confirmed receiving directives from the authorities that no government official should be allowed out of the country without permission.

Even ordinary citizens are said to be affected as they have been turned away at the airport and denied possession of their passports.

A South Sudanese national studying in Uganda could not return for exams as Friday, the day he intended to travel, witnessed deadly clashes the presidential palace said his passport was confiscated.

He was later asked to see security officials for clearance to his destination country, only to be told on arrival that they were not permitting people to travel out of the country at the time of war.

"If you go out, who will fight, who will fight this war, just go home", narrated the student, whose passport was still with state operatives.

"I do not know what to do now. I was supposed to sit exams on Tuesday 12 July, and that was why I wanted to travel on Friday 10th, but there was no seat in the flight. I wanted to use the next available flight was on Sunday 10, but fighting erupted on Friday evening and carried on for four days. When it stopped on Monday 11, I had hoped I would fly normally, [but] unfortunately I was denied travel and my passport was seized", he added.

But Kuol said no official letter from government denied ordinary citizens from traveling out of the country, except for its officials.

"There is no official letter preventing South Sudanese from traveling to various destinations but what I know is that any official from the government who wants to travel has to get permission from his place of work", Kuol told reporters, but did not elaborate further.

The undersecretary in the ministry of transport, Captain Martin declined to comment on the behaviour of the government operatives, when asked in a separate interview.

Amnesty International also said it had received reports from two charter companies that National Security Service officers have ordered them not to carry South Sudanese nationals, particularly men. It has also been told by an entity that one of its South Sudanese staff was prevented from boarding a flight to Uganda.

“This arbitrary conduct by South Sudanese security forces is totally unacceptable. South Sudan must respect people's right to freedom of movement, including the right to leave their own country,” said Elizabeth Deng, the organisation's South Sudan researcher.

“It is absolutely critical that both parties to the conflict do not obstruct safe passage of civilians fleeing to places of refuge both inside and outside the country,” she added.

Thousands of South Sudanese have reportedly gathered at the country's southern border seeking to enter into Uganda, but they are being prevented from crossing over.

(ST)

July 16, 2016 (KHARTOUM) - Sudanese President Omer al-Bashir has arrived in the Rwandan capital, Kigali on Saturday to attend the 27th African Union Summit.

Sudanese President Omer Hassan al-Bashir salutes his supporters as he disembarks from the plane, after attending an African Union conference in Johannesburg South Africa, at the airport in the capital Khartoum, Sudan June 15, 2015 (REUTERS)

The International Criminal Court (ICC) issued two arrest warrants against al-Bashir in 2009 and 2010 for alleged war crimes, crimes against humanity and genocide committed in Darfur.

Al-Bashir is the first sitting head of state charged by the Hague based court since its inception in 2002.

On Saturday, al-Bashir travelled to Kigali accompanied by senior delegation including the Minister of the Presidency Fadl Abdalla, Minister of Welfare and Social Security, Mashair Al-Dawalab and State Minister and Director of the President's Office Taha Osman.

Last week, Rwandan President Paul Kagame announced that his country will not arrest Al- Bashir during his visit to Kigali to participate in the AU summit.

“President Al Bashir is welcome in Kigali at any time. He will be free in his second home country. We will not respond to the ICC calls to arrest him. We will not take any action of such type against him,” he said.

Also on Thursday, Rwanda's Foreign Minister, Louise Mushikiwabo, said “Bashir will be granted his safety and security as a head of state, ICC issues will be addressed by those who are concerned and I don't think they expect him to be arrested in Rwanda”.

Rwanda is not a state party to the tribunal of war crimes but has the obligation as a member of the United Nations to cooperate with the court. However like many other African capitals, Kigali is critical to ICC and to its focus on Africa.

Last year al-Bashir attended the 26 th AU summit in Johannesburg. His recent trip to South Africa drew international attention after he flew out of the country defying a High court order which order the government to ban his departure until an application calling for his arrest had been heard.

Several African governments and the AU have voiced concerns over the ICC's fairness, and accused it of targeting African leaders.

They further to say that war crimes court has violated its founding treaty the Rome Statute, when it prosecutes cases investigate by the national jurisdiction.

Since the issuance of the two arrest warrants, Bashir limited his trips abroad to ICC non-party states but he also traveled to five signatory states including the Democratic Republic of Congo (DRC), Nigeria, Malawi, Djibouti and South Africa.

In May this year, Al-Bashir visited Uganda and Djibouti, which are ICC state members of Rome Statute.

Last week, the ICC said it had referred Djibouti and Uganda to the United Nation Security Council for failing to arrest al-Bashir while he was on their territory.

July 16, 2016 (JUBA) – Germany has, in the wake of the deteriorating situation in South Sudan, "temporarily" closed its embassy and evacuated its nationals from the country.

“There was street to street fighting directly in front of the homes of many employees and aid workers, after four days of heavy fighting, which we had to witness up close, there remained no other option but to evacuate," Johannes Lehne, the German envoy told Radio Tamazuj

Germany evacuated all it staffs and nationals from South Sudan after clashes between the country's rival forces killed hundreds.

Several countries, including the United States, United Kingdom, Uganda and Sudan also evacuated their citizens from South Sudan, but their embassies are still operating.

On Friday, however, the German Air Force airlifted about 200 of its national and some from other countries to Entebbe, Uganda.

"Germany has also closed its embassy in South Sudan ‘temporarily' owing to violent conflict in the capital," Radio Tamajuz reported Saturday.

US TROOPS IN JUBA

The United States President Barrack Obama on Thursday said 47 American soldiers have been deployed in South Sudan to protect the American embassy and the staff.

"In response to the deteriorating security situation in South Sudan, I have ordered the deployment of additional U.S. Armed Forces personnel to South Sudan to support the security of U.S. personnel, and our embassy in Juba.," the White House said in a letter to the Speaker for House of Representatives and Senate President.

The first of these additional personnel, approximately 47 individuals, reportedly arrived in the South Sudanese capital, Juba on 12 July, 2016, supported by military aircraft.

Although equipped for combat, these additional personnel are deployed for the purpose of protecting U.S. citizens and property," the letter reads in part.

The US embassy in Juba evacuated non-essential staffers out of South Sudan, while South Sudanese working in the embassy were asked to stay away from the premises.

Fighting erupted between forces loyal to President Salva Kiir and First Vice President Riek Machar last week, leaving hundreds dead and thousands displaced. Both sides declared a ceasefire on Monday after President Kiir's forces overran Machar's base.

Obama said the American soldiers will remain in the country until the security situation improve but added that more troops might be sent to the country if needed.

"Additional U.S. Armed Forces, including approximately 130 military personnel currently pre-positioned in Djibouti, are prepared to provide support, as necessary, for the security of U.S. citizens and property, including our embassy in South Sudan," it stressed.

The US sent troops to Juba the onset of conflict in December 2013 to guard its embassy.

(ST)

Is South Africa's constitution too liberal for its people, asks the BBC's Milton Nkosi.

July 12, 2016 (JUBA) - At least 42,000 civilians have been displaced in the recent fighting that occurred in the South Sudanese capital, Juba, a United Nations official said.

The head of the UN peacekeeping mission, Herve Ladsous speaking in Juba (UNMISS photo)

The UN peacekeeping chief, Hervé Ladsous told the Security Council that 7,000 of those displaced were accounted for at the two UN compounds and the remaining about 35,000 were sheltering between the World Food Programme (WFP) compound, other non-governmental organisations and churches in the city.

He expressed concerns over potentials for the resumption of violence and spill over into others parts of the young nation.

On Wednesday, according to Ladsous, the UN Mission in South Sudan (UNMISS) was been able to conduct limited patrolling again to assess the security situation, the safety and security of personnel and assets at UN compounds.

The senior UN official, however, noted that securing freedom of movement remains an uphill battle as security forces limit the mission's movement every step of the way.
He urged the South Sudanese government to allow UNMISS and humanitarian actors' freedom of movement and access to provide vital assistance to the civilian population.

ARMS EMBARGO

Ladsous accused South Sudan's warring parties of “deliberately” attempting to stall the implementation of the peace agreement, and echoed the Secretary-General, Ban Ki-moon's call for reconsideration of an arms embargo, as well as additional targeted sanctions on leaders and commanders blocking implementation of the peace deal.

We can no longer afford to sit idle as South Sudanese bear the brunt of the intransigence of their leaders, he stressed.

Meanwhile, the UN Children Fund (UNICEF) said it was, together with its partners, providing urgent life-saving assistance to thousands displaced by the fighting in Juba.

"Four trucks of supplies were dispatched from UNICEF warehouses and taken to a UN displacement site in Juba as soon as movement became possible in the city earlier today [Wednesday]. These include supplies for the treatment of malnutrition as well as sanitation items [such] as water containers and soap. Primary health care kits as well as recreational items for children will be distributed tomorrow," the UN said in a statement.

(ST)

July 16, 2016 (JUBA) – South Sudan's leader, Salva Kiir has called for direct talks with first vice-president, Riek Machar, saying he detests further bloodshed in the young nation.

President Salva Kiir greets First Vice President Riek Machar before to start a meeting at the South Sudanese presidency in Juba on 3 June 2016 (Photo Moses Lomayat)

President Kiir said he and the opposition leader should talk to salvage peace.

The South Sudanese leader has now dispatched Nhial Deng Nhial, his special envoy and an adviser on foreign affairs to the African Union summit in Rwanda, with an assurance to regional and global leaders about his commitment to talks with his rival.

"I don't want any more bloodshed in South Sudan," stated Kiir.

"I have been ready to resume talks on the issues we were discussing before this thing [violence] erupted. We were left with few things to conclude the discussions so that we begin with the implementation [the August 2015 peace agreement]", he added.

The president was speaking for the first time since his forces clashed at the presidential palace with those loyal to Machar last week, leaving more than 270 soldiers from the two sides dead, officials have confirmed.

The head of Joint Monitoring and Evaluation Commission (JMEC), Festus Mogae and the African Union special envoy, Alpha Oumar Konare stood alongside President Kiir.

President Kiir also vowed he would provide protection to Machar and his forces, citing the amnesty he had issued after declaring ceasefire as a guarantee for the security of his deputy and his forces.

"Nobody is hunting for him and his forces. If he comes, I will protect him. He will stay with me if feels he is not safe staying alone", he said.

ASSASSINATION ATTEMPT??

Meanwhile, Machar claimed the fighting that erupted between his bodyguards and Kiir's forces in the capital was calculated to kill him.

The ex-rebel leader told BBC Focus on Africa on Friday after abandoning his base in the outskirts of Juba, that he is “around Juba” but would neither disclose his location nor return to town to meet the president until the security issues were addressed.

Machar was responding to the call by President Kiir to meet him.

The country's first vice-president, however, said he feared for the lives of his officials and for himself after the incident, adding he was also worried about the safety of his ministers currently inside Juba.

“We have a pending meeting, he as president and me as vice president. And also if it were a normal situation, we would meet, but the incident that took place on the 8th [July] in the State House is a very despicable incident, where there was a shootout, and a dog fight, when we were in a meeting,” Machar told the London-based station.

“To me that was a calculated plan to kill me,” he added.

Machar, who also leads an opposition faction of the Sudan People's Liberation Movement, said he was willing to return back to Juba, but after a third force is deployed the South Sudanese capital to take charge and ensure safety and no return to violent confrontations.

He said he could not trust Kiir's assurance to protect him and his officials.

“That is why the IGAD [Intergovernmental Authority on Development] Council of Ministers decided that there should be an intervention force, third force, that be deployed in Juba and Juba be demilitarized,” he said.

Machar said he was now waiting for the outcome of a proposed meeting in Juba of the chiefs of defence forces from the region on how to tackle security in Africa's newest nation.

(ST)

The Ugandan government should investigate the killings of at least 50 people in the Rwenzori region, 17 of them by security forces, between February and April 2016, and make the findings public, Human Rights Watch said today in a letter to the police inspector general.

Expand

A protestor holding a poster held in memory of Kule Munyambara Obed, who was allegedly shot by the Ugandan military in Kasese district on April 3, 2016.

© 2016 Human Rights Watch

A Human Rights Watch investigation found that members of the Bakonzo and Bamba ethnic groups in Uganda’s western Rwenzori region clashed following contested local elections and political infighting, resulting in at least 30 deaths. During the subsequent law enforcement operations, the Ugandan police and military killed at least 17 people. One police officer and two soldiers were also killed.

“The Ugandan government should account for what happened between February and April in the Rwenzori region, so that those responsible, whether government security forces or civilian, can be prosecuted and punished,” said Maria Burnett, senior Africa researcher at Human Rights Watch. “To end the retaliatory violence, the government needs to fulfill its role in maintaining neutrality and ensuring justice.”

Human Rights Watch interviewed 111 people, including survivors, victims’ relatives, witnesses, community members, medical staff, police, and journalists in April and May, in Bundibugyo and Kasese. Human Rights Watch also gathered and viewed evidence such as post-mortem reports, photographs, medical and mortuary records, and video footage, and visited camps for internally displaced people and sites of killings, burials, and destroyed homes.

The recent wave of violence began in Bundibugyo district on February 27, following contested local elections. The Bakonzo cultural kingdom has historically had tense relationships with both the neighboring Bwamba kingdom comprised of ethnic Bamba people and the central government. A group of armed men – all allegedly of Bamba ethnicity – attacked two ethnic Bakonzo households in Busengerwa 4 village, in Bundibugyo district, shooting and killing one person and critically injuring another with machetes. This attack sparked the latest in a series of retaliatory, inter-ethnic killings in the district until early April, leaving at least 30 people dead, seven of them children. Hundreds of houses of both ethnic groups were burned, and hundreds were displaced as a result of the violence.

  Expand

The grave of Anna Kuguma, who was killed in Katumba, Kirumya sub-county in Bundibugyo district, Uganda, around February 27, 2016.

© 2016 Human Rights Watch

According to media reports, police and military initially arrested a total of more than 150 people in February and March for various crimes, but it is not clear how many remain in custody. The New Vision, a government newspaper, reported that police charged at least 13 men with murder, attempted murder, and arson, on April 7.

In the wake of the violence in Bundibugyo, armed people in neighboring Kasese also clashed. On March 10, following contested local sub-county elections, a group of people – allegedly Bakonzo – attacked a group of soldiers in an area known as Kikonzo, in Hima Town Council, stabbing and injuring four. In response, the soldiers fatally shot two people. This violence led to four more incidents between the government and Royal Guards of the Obusinga bwa Rwenzururu (Bakonzo) kingdom, resulting in the deaths of six Royal Guards, three government security forces, and an individual not affiliated with either security force. Royal Guards are volunteers who provide security to the customary king.

The central government responded by deploying security forces to both Bundibugyo and Kasese districts in March. In Bundibugyo, the army carried out large-scale cordon-and-search operations in villages, and in April, assumed the name “Operation Usalama Rwenzori [Bring Peace to Rwenzori].” In Kasese, the police deployed a unit called the Flying Squad, whose officers typically operate in civilian clothes, drive unmarked cars, and are most often deployed in response to alleged armed gangs. Human Rights Watch has previously stated concerns that police has given them a shoot-to-kill mandate.

The Rwenzori region is the site of past violence; in July 2014, members of the Bakonzo ethnic group attacked police and army posts, resulting in reprisal killings against Bakonzo civilians. Local media reports suggest that over 100 people were killed during that period. Community members of both ethnicities told Human Rights Watch that they believed that at least some of the recent violence was attributable to unaddressed violence in 2014.

Human Rights Watch investigations into the killings by security forces indicate that police and the army killed at least 13 people during alleged arrest attempts. Multiple witnesses said that in all of those cases, the victims were unarmed when shot and killed. In all but one case, witness accounts suggest that security forces shot people at close range who were not threatening them or others at the time of the arrest.

In one instance, security forces responded to a man running toward them holding a stick by shooting him dead. This and other accounts raise serious questions about use of lethal force during arrests. No member of the security forces has yet been charged with any killings.

Some government officials, including a parliamentary committee on defense and internal affairs and the Uganda Human Rights Commission, have conducted investigations that are understood to be completed, but their reports have not been published and it is not clear if they will be issued publicly.

The prosecuting authorities should investigate all instances of lethal use of force by security forces, Human Rights Watch said. The United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials require law enforcement officials, including military units responding to national emergencies, to apply nonviolent means before resorting to the use of force, to use force only in proportion to the seriousness of the offense, and to use lethal force only when strictly unavoidable to protect life. The principles also provide that governments shall ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offense under their law.

According to humanitarian aid agencies, approximately 23,000 people were displaced at the height of the violence in Bundibugyo, many fleeing to about 11 camps. An indeterminate number remain displaced, with approximately 600 people, gathered in Bubukwanga camp, while some of the remaining internally displaced people are in 10 informal “reception centers” based in trading centers. All the camps are ethnically homogenous. Many of the displaced are not in camps, but have been staying with relatives or in sub-county offices, schools, churches, or markets.

Some displaced people are unable to adequately access necessary goods and services, causing some to return to areas they consider unsafe to harvest crops for food. Aid workers cited the lack of health supplies, shelter, schooling for children, and household items as enduring concerns. Displaced people interviewed said that the government has urged them to return home, but many said that they considered it too dangerous. Some said that neighbors had burned down homes they had lived in for decades and that they have nowhere to live now.

“The killings of unarmed people has fueled sentiment that the government is not a neutral party between ethnic groups in the Rwenzori region,” Burnett said. “Ensuring protection for everyone, no matter their ethnicity, and holding security forces to account for their conduct, is critical to preventing recurring cycles of violence.”

Recommendations

The Ugandan government should:

• Investigate the killings in Bundibugyo and Kasese districts, including a specific investigation into the use of lethal force in the cases of the 17 people killed by state security forces, and make any findings public.
• Conduct investigations and maintain dialogue with communities and victims about ongoing efforts to investigate and prosecute suspects from both the public and government security or intelligence forces.
• Cooperate with aid organizations to ensure that displaced people have access to assistance.
• Abide by the UN Basic Principles on the Use of Force and Firearms and use lethal force only when strictly unavoidable to protect human life.

Human Rights Watch welcomes the opportunity to contribute to the United Nations Committee against Torture (“the Committee”) July 28 special review of Burundi.

This memorandum highlights areas of concern Human Rights Watch hopes will inform the Committee’s consideration of the Burundian government’s compliance with the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“the Convention”). It proposes specific measures that we hope the Committee will recommend to the Burundian government.

This submission focuses on torture and ill-treatment by the Burundian state security forces and members of the youth league of the ruling party, the Imbonerakure, between April 2015 and June 2016.

During this period, Human Rights Watch also documented numerous extrajudicial executions, other killings, disappearances, and arbitrary arrests in Burundi, which are not described in this submission.

Torture by Intelligence Services and Police

The Burundian intelligence services have a long history of torture, extrajudicial killings, arbitrary detention, and other human rights abuses against suspected government opponents, going back many years. However, torture and ill-treatment appear to have become more widespread, and torture techniques more brutal and frequent, following a failed coup in May 2015.

The Committee’s 2014 concluding observations on the second periodic report on Burundi on November 26, 2014 expressed concerns about “credible, corroborative and persistent reports of a large number of acts of torture and extrajudicial killings committed by members of the Burundian National Police and the National Intelligence Service.”

Throughout 2015 and the first half of 2016, the Burundian intelligence services (Service national de renseignement, SNR) have continued to use torture to force detainees to confess to alleged crimes, incriminate or denounce others, and to intimidate them. The majority of victims were suspected government opponents. These practices directly contravene Article 1 of the Convention and Article 251 of the Burundian Criminal Procedural Code.  Members of the Burundian police and Imbonerakure have also committed serious abuses, often in collaboration with the intelligence services.

Human Rights Watch documented more than 148 cases of alleged torture or ill-treatment, mostly by intelligence and police officials, between April and July 2015 in four provinces and in the capital, Bujumbura. Since then, Human Rights Watch has talked to scores of other victims of torture and ill-treatment in 2015 and 2016, from nine provinces and Bujumbura. The actual number of torture and ill-treatment cases in Burundi in 2015 and 2016 is likely much higher than the sample Human Rights Watch was able to document and confirm. 

Between April and June 2016, Human Rights Watch interviewed more than 40 torture victims. Victims and other sources said that members of the security forces or intelligence services had hit people repeatedly and slammed gun butts into detainees’ faces or limbs, in some cases breaking their bones or smashing their jaws so that some of their teeth fell out. SNR agents have also beaten detainees with steel construction bars, driven sharpened steel rods into their legs, tied cords to detainees’ genitals and pulled them, used electric shock, and poured liquid on detainees, which burned them.

In early 2016, a justice official told Human Rights Watch confidentially that some detainees arrived at police detention centers with their teeth knocked out, bloody, swollen faces and in great pain. Some detainees were then beaten again by high-ranking national or provincial police officials with steel bars, rocks or bricks.

One victim described in mid-2016 how a police official pulled out his tooth with pliers, because he allegedly worked for “human rights”.

Despite Burundi’s Criminal Procedural Code guaranteeing detainees access to a doctor and legal assistance, lawyers told Human Rights Watch that the intelligence services prevented them from entering their headquarters in Bujumbura where people were detained.

In November 2014, the Committee noted that Burundi’s Constitution prohibited torture, but were concerned that there were “numerous shortcomings of the organization and command structure of the country’s security services, particularly the Burundian National Police (Police nationale du Burundi) and the National Intelligence Service (Service national de renseignement).”

Former detainees and a judicial official who had long-term access to the intelligence headquarters in Bujumbura confirmed to Human Rights Watch that the head of the SNR (administrateur général) is aware that torture is taking place. In addition, intelligence agents who report directly to him have frequently tortured perceived opponents in the SNR headquarters in Bujumbura and in SNR provincial offices.

Provincial intelligence agents and senior officials who suspect detainees possess information about hidden weapons or armed opposition activities have tortured them in provincial intelligence offices and frequently transferred them to Bujumbura for further torture or ill-treatment there.

One victim said a provincial intelligence agent smashed bones in his legs with a hammer in April 2016 and then sent him to the intelligence headquarters in Bujumbura where he spent 13 days. A judicial police officer questioned him and accused him of being an opposition member who allegedly helped combatants cross into Rwanda. Intelligence officials frequently assigned judicial police officers known to be loyal to the ruling party to question detainees suspected of collaborating with the opposition.

One 22-year-old victim told Human Rights Watch that unidentified men arrested him in February 2016 in Bujumbura’s Ngagara neighborhood and bundled him into a truck. The student believed they were intelligence agents. As they drove off with him, one of the men said to him: “Turn over the weapons that you have.” They stomped on his chest as he lay in the back of the truck and asked him about the identity and whereabouts of others in his neighborhood. They ordered him to undress and told him: “When we hit you enough times, you will end up talking.” They beat him on the legs and back with an electrical cable.

The victim attempted to escape but was caught. The perpetrators sliced him on the chest with a hot knife and asked him questions about the location of hidden weapons and the people who allegedly had guns in the neighborhood. When the man was unable to respond, they pushed a sharpened steel bar into his leg until he passed out.

In March 2016, a taxi driver in his early 30s said someone knocked on the door of his house. When he opened it, an unidentified man was standing in front of him, pointing a gun at his head. Three pickup trucks escorted the taxi driver to a military position in Bujumbura. The perpetrators tied his arms behind his back and tied his legs, then tied his legs to his hands. The men hung him from a nail in the wall and beat him, while telling him to hand over the weapons he allegedly possessed.

The taxi driver estimated that the soldiers suspended him for three hours, then took him down and beat him for several more hours. They told him to reveal the location of hidden weapons. The next day, they took him to the SNR headquarters in Bujumbura, where an agent said: “That dog [name withheld] has returned.” An SNR agent, made him lie down on his stomach in a gutter and beat him with a thick stick on his feet and rear end. Then another person poured liquid on him. He said: “I felt like I was burning. I begged them to kill me. They said: ‘You, you criminal, you are going to die slowly.’”

He said he was beaten twice more. He was in such pain he asked to be killed again. A policeman who worked at the SNR told him: “Who would dirty themselves with your blood?” The taxi driver said he can no longer sit down because of his injuries.

Several former detainees said they were locked in a small toilet room at the SNR headquarters in Bujumbura. Others said they stayed locked in cells for long periods. An official with access to the SNR said that senior intelligence officials, demobilized rebel fighters, and Imbonerakure members beat detainees and hid them from international monitors.

The Burundian Criminal Procedure Code in article 34 states that detainees can be held for a maximum of seven days, renewable only once, before judges decide whether they should be provisionally released or remain in detention. A delay of seven days after detention appears to violate article 9 (3) of the International Covenant on Civil and Political Rights that states all detainees should be brought before a judge or equivalent “promptly.” In any event, this period is routinely disregarded, with many detainees held in police or SNR custody for longer than the maximum period provided by the law, and with no due process. 

Abuses by Imbonerakure

The ruling party and intelligence services have often used Imbonerakure members to identify suspected government opponents. Despite having no legal powers of arrest, some Imbonerakure have frequently arrested people, beaten them, and handed them over to intelligence agents who tortured some of them.

Victims in several provinces told Human Rights Watch in 2015 that Imbonerakure hit them with sticks and clubs, forced them to roll in muddy pits, and punched them in the face. Imbonerakure often handed those they arrested directly to intelligence officials, who transferred them to the SNR offices.

A former detainee said an intelligence agent interrogated him in February 2016 while an Imbonerakure dripped melting plastic on him. They also used pliers to cut his genitals, while an Imbonerakure told him: “You will end up revealing the secrets of [opposition leader Alexis] Sinduhije.”

Residents from some provinces told Human Rights Watch that Imbonerakure often gave orders to the police and that low-level police appeared powerless to stop Imbonerakure abuses.

In one northern province in early 2016, Imbonerakure told a policeman who asked them why they were beating a man: “What are you doing here? Get out of here!” The policeman left. Imbonerakure beat the victim with cables that resembled fiber optic cables. A pickup truck belonging to the SNR provincial commissioner arrived and four policemen put the man in the back. The policemen beat him as he was driven to the SNR office, where a senior official accused him of collaborating with the armed opposition.

Events of December 11, 2015

On December 11, 2015, armed opposition members attacked four military installations in and around Bujumbura. From about 8 a.m., police and military pursued the alleged attackers into Nyakabiga and Musaga, two of the Bujumbura neighborhoods where there were widespread demonstrations against Nkurunziza’s third term in 2015. In both neighborhoods, armed opponents engaged the security forces in a sustained gun battle.

After the gun fight, police and military forced their way into some homes and accused residents of having weapons and harboring opposition fighters. Residents recognized some Imbonerakure wearing police uniforms. Soldiers from Camp Muha and Camp Muzinda, two large military camps in Bujumbura, provided reinforcements.

One man told Human Rights Watch that he heard someone yell at him to come out of his house. Outside, he saw almost a dozen police from the unit responsible for guarding state institutions (Appui pour la protection des institutions, API). Three of them had machine guns, three had rocket launchers and others had Kalashnikovs with grenades. Some had what looked like an ax a butcher might use. They were drunk. He said:

“They made us lie down on our backs and spread our arms and look at the sun. One of them cocked his gun and put it to my temple. Then he asked another (if he should kill me). I thought I was finished. Another said: “Wait.” Then another one came and cut me (on my arm) with an ax. I had a wide wound and blood was shooting up like this into his face. I said: “You’re killing me! You’re killing me!” He said: “I didn’t know it was so sharp.”

On the same day, a 39-year-old man from Musaga left his house during a lull in the gunfire. Imbonerakure in police uniforms cut him on the head with a bayonet and he lost consciousness. The API and the police anti-riot brigade (Brigade anti-émeute, BAE) tied him up and made him and some of his neighbors lie down on their backs. The police were drinking beer, and when they finished, they balanced the bottles on the men’s throats. The victim said: “When the bottle fell, they either kicked us or hit us with their gun butts. It was a form of punishment. They knew good and well that when you are tied up and looking at the sun, you can’t hold out. Men came and kicked me. All of them kicked me like it was a game of soccer.”

Scores of people were killed and many others seriously injured on December 11 in what was the single deadliest episode since Burundi’s crisis began in April 2015.  The Prosecutor General, Valentin Bagorikunda, set up an inquiry into the December 11 events on December 17, 2015. Summarizing the inquiry’s main conclusions on March 10, 2016, he did not mention killings or abuses of Bujumbura residents by the security forces. He claimed that those killed on December 11 were armed “combatants” wearing police or military uniforms.

Impunity for SNR and Police Torture

In 2014, the Committee noted with concern the “slow pace and limited scope of the investigations and judicial proceedings” and found it “regrettable that no information about cases that have gone to trial or the outcome of those trials has been forthcoming”. Human Rights Watch is not aware of any intelligence agents who have been arrested, prosecuted or convicted for torture since the crisis began in 2015.

Judicial officials, lawyers and human rights activists told Human Rights Watch that SNR and ruling party officials continued to heavily influence judicial decisions and overrule decisions by prosecutors and others. Cases involving opposition party members were often allocated to judicial officials known to be sympathetic to the ruling party.

This lack of independence in Burundi’s judicial and prosecutorial system contravenes Article 12 of the Convention. Human Rights Watch is not aware of any torture victim who has been compensated or received redress for their treatment. This violates Article 14 of the Convention.

A high-ranking justice official who spoke anonymously for fear of reprisals said: “The Imbonerakure arrest people and take them to the police after beating them and injuring them seriously. Instead of taking them to the hospital, the police imprison them because of political pressure.”

Another senior justice official said that in some cases, ruling party members controlled the fate of detainees and gave orders to the police to fabricate accusations against certain people. Some prosecutors collaborated with intelligence agents to determine what charges to file against individuals arrested by the SNR or by Imbonerakure and whether to keep them in detention.

The same justice official told Human Rights Watch: “The justice system is not independent. Judicial authorities can’t act independently according to their conscience. We can release someone, then we get a call immediately and [ruling] party members give an order. When Imbonerakure arrest people, we watch powerlessly. We can’t do anything about it.”

The administrateur général of the SNR reports directly to President Pierre Nkurunziza.

The police reports to the minister of public security, Alain Guillaume Bunyoni. Despite numerous cases of police torture, ill-treatment and other abuses documented by Human Rights Watch and other organizations, Bunyoni wrote, in a letter to Human Rights Watch in June 2016, that it was “unthinkable” that police could have tortured or ill-treated detainees and that it would be a “serious error to assert gratuitously” that the police arbitrarily arrested, tortured, or ill-treated suspected government opponents. He denied categorically that the police collaborated with the Imbonerakure. He said that the police received human rights training.

However, the minister conceded it would be “illusory” to claim that police never make mistakes and wrote that more than 70 police officers had been prosecuted since 2015, some for “abuses committed during the management of the insurrectional movement” before and after the 2015 elections and others for common crimes. He did not provide details of these prosecutions.

Recommendations:

1. The Burundian authorities should urgently investigate torture and ill-treatment at the SNR headquarters in Bujumbura and in provincial SNR detention facilities, as well as in police custody. Intelligence agents and police officials involved in ordering, supervising or carrying out torture and ill-treatment should be immediately suspended and investigated, and where there is sufficient evidence, prosecuted for these crimes.  The Committee should ask the Burundian authorities for specific information on the progress of these investigations. The investigations and prosecutions should be fully independent of the individuals being investigated and of their chain of command.
2. The Burundian authorities should cooperate with international investigations into serious human rights abuses in Burundi, including any international commission of inquiry that might be set up by the UN.   
3. The Burundian government should accept the deployment of a substantial international police presence in Burundi, with a strong protection mandate.
4. The Burundian authorities should develop a robust, independent National Preventive Mechanism (NPM) as set out in the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. The NPM should include members of civil society and government officials who would regularly visit detention facilities and make recommendations to Burundian authorities.
5. The Burundian authorities should seek the assistance of the UN Office of the High Commissioner for Human Rights and humanitarian agencies to identify victims of torture and ill-treatment who need medical assistance, and provide the necessary assistance, including specialized medical care outside their detention site.
6. The Burundian authorities should allow detainees regular access to lawyers at all intelligence, police, and other detention facilities across the country.
7. UN and African Union human rights observers in Burundi should intensify their visits to SNR and police detention facilities to deter and document torture. They should publish frequent detailed reports on their findings, including on any attempts by the authorities to obstruct or restrict their full access to detention centers.   

(Geneva) – Forced anal examinations on men and transgender women accused of consensual same-sex conduct have been reported in at least eight countries in the last five years, Human Rights Watch said in a report released today. These examinations lack evidentiary value and are a form of cruel, inhuman, and degrading treatment that may in some cases amount to torture.

The 82-page report, “Dignity Debased: Forced Anal Examinations in Homosexuality Prosecutions,” is based on interviews with 32 men and transgender women who underwent forced anal examinations in Cameroon, Egypt, Kenya, Lebanon, Tunisia, Turkmenistan, Uganda, and Zambia. The examinations, which have the purported objective of finding “proof” of homosexual conduct, often involve doctors or other medical personnel forcibly inserting their fingers, and sometimes other objects, into the anus of the accused. Victims of forced anal testing told Human Rights Watch that they found the exams painful and degrading; some experienced them as a form of sexual violence.

Countries around the world should ban the practice of conducting forced anal examinations on men and transgender women accused of consensual same-sex conduct.

“Forced anal exams are invasive, intrusive, and profoundly humiliating, and clearly violate governments’ human rights obligations,” said Neela Ghoshal, senior researcher in the lesbian, gay, bisexual and transgender (LGBT) rights program at Human Rights Watch. “No one, in 2016, should be subjected to torturous and degrading examinations that are based on invalidated theories from 150 years ago.”

The exams are rooted in discredited 19th century theories that homosexuals can be identified by the tone of the anal sphincter or the shape of the anus. International forensic medicine experts have found that the exams are useless, in addition to being cruel and degrading. The conclusion was shared even by several medical professionals Human Rights Watch interviewed who themselves had conducted anal exams.

Expand

English translation of poster text: Is it possible to refuse an anal test? From a legal point of view: It is possible to refuse an anal test when examined by a forensic doctor. But the reality is different. The victims often “accept” the test for fear of being tortured, because of their young age, or because they are unaware of their rights guaranteed by the Constitution. 

(c) Shams 2015

International human rights law prohibits torture as well as cruel, inhuman, and degrading treatment. Those prohibitions are explicitly reflected in the domestic laws of countries that have nonetheless allowed forced anal exams to take place. The United Nations special rapporteur on torture and cruel, inhuman or degrading treatment has found that the exams are “intrusive and degrading” and “medically worthless,” amounting to “torture or ill-treatment.” The International Forensic Expert Group describes them as “a form of sexual assault and rape.”

Medical personnel who voluntarily conduct forced anal exams violate international principles of medical ethics, including the prohibition on medical personnel participating in any way in acts of torture or degrading treatment.

“I felt like I was an animal. I felt I wasn’t human,” said “Mehdi,” a Tunisian student subjected to an anal exam in December 2015. “When I got dressed, they put handcuffs on me and I went out, feeling completely in shock. I couldn’t absorb what was going on.”

“Louis,” who underwent a forced anal examination in Cameroon in 2007, at age 18, told Human Rights Watch nine years later: “I still have nightmares about that examination. Sometimes it keeps me up at night when I think about it. I never thought a doctor could do something like that to me.”

July 12, 2016 Report Dignity Debased

Forced Anal Examinations in Homosexuality Prosecutions

• Download the full report
• Download the summary and recommendations in Arabic
• Download the summary and recommendations in Spanish
• Télécharger le résumé et les recommandations en français

Some countries where authorities have used forced anal exams in the past, most notably Lebanon, have taken steps to end the practice. But others, including Egypt and Tunisia, rely on them with great frequency in prosecutions for consensual same-sex conduct. The use of forced anal examinations appears to be a recent phenomenon in Kenya, Uganda, and Zambia.

No one, in 2016, should be subjected to torturous and degrading examinations that are based on invalidated theories from 150 years ago. Neela Ghoshal

Senior LGBT rights researcher

In Kenya, a disappointing High Court decision in June 2016 upheld the constitutionality of the exams. The judge found that the petitioners, two men who had been arrested on “unnatural offenses” charges and subjected to anal exams while in police custody, had consented to them. Petitioners said they were not informed about the tests and agreed only under duress while in police custody. The decision has been appealed.

All countries should ban the practice of forced anal examinations, and international and domestic human rights and health institutions should vigorously and vociferously oppose their use, Human Rights Watch said.   “No one should be arrested in the first place because of their private sexual conduct, but where such arrests do occur, forced anal exams add an extra layer of pointless brutality and abuse,” Ghoshal said. “Every country should guarantee basic rights and dignity to people accused of homosexual conduct, and recognize that the prohibition on torture extends to everyone, regardless of their sexual orientation or gender identity.”   Launch Map Expand Share

 

July 15, 2016 (KHARTOUM). Sudan People's Liberation Movement- North (SPLM-N) on Friday accused Sudan Armed Forces (SAF) of violating the unilateral cessation of hostilities announced by President al- Bashir last June.

SPLA-N fighters stand in front of a grenade launcher captured from Sudan's Armed Forces (SAF) near Gos village in the rebel-held territory of the Nuba Mountains in South Kordofan, May 1, 2012. (Reuters)

The four-month unilateral truce initially was for the Blue Nile and South Kordofan states where SAF and its allied militias are fighting the SPLA-North fighters since June 2011.

SPLM-N Spokesperson Arnu Ngulutu Lodi said that the government forces launched several attacks against their position in South Kordofan .The most recent attack was on Lima area west of Kadugli town on Thursday.

In a statement he extended to Sudan Tribune, Lodi said they repelled the assailants who came from Kelak area, adding they "suffered losses in lives and equipment" that have not yet been counted".

Also he said that the government forces based Kelak had attacked the farmers in Lima area on 11 July killing a lady, Fatima Ibrahim, and wounded her husband.

The rebel spokesperson reported a third attack that occurred on 10 July, saying SAF "artillery unit from inside Al-dandor garrison fired several long-range shells on Oma and Um-Dravy areas west Heiban town resulting in the destruction of many farms and caused horror and fear among the civilian".

He stressed that these attacks prove that the announced unilateral cessation of hostilities "is nothing but cheap smokescreen media propaganda",.

Lodi pointed that peace slogans raised by the ruling National Congress Party are "lies" that aims to distract attention and prolong the regime's stay in power.

He went further to say that government forces attacked farms to prevent civilians from earning their living while it deprives them from accessing humanitarian aid since 2011.

SAF spokesperson was not reachable for comment.

The fighting between the SPLM-N and the government forces has been taking place in different fronts in South Kordofan and Blue Nile states, where the government has been in war with the rebels of the SPLM-N since June 2011.

The two parties failed to strike a peace deal despite the five-year peace process brokered by the African Union High Level Implementation Panel led by the former South African President Thabo Mbeki.

(ST)