The great American poet Walt Whitman said, “Either define the moment or the moment will define you.” Will the election of Uhuru Kenyatta as president of Kenya define President Barack Obama in Africa or will President Barack Obama use the election of President Kenyatta to define his human rights policy in Africa?
Following the presidential election in late December 2007 and the Kenya Electoral Commission’s hurried declaration of incumbent President Mwai Kibaki as the winner, supporters of opposition presidential candidate Raila Odinga in the Orange Democratic Movement alleged widespread electoral fraud and irregularities. For nearly two months following that election, ethnic violence and strife in Kenya raged resulting in more than 1200 deaths, 3,500 injuries, and the displacement of over 350,000 persons and destruction of over 100,000 properties.
In March 2011, Uhuru Kenyatta was indicted by the International Criminal Court (ICC) on various counts of crimes against humanity arising from the post-election violence. The details of the ICC charges against Kenyatta and other defendants are set forth in exhaustive detail in a 10-count indictment.Kenyatta allegedly conspired, planned, financed, and coordinated violence against the supporters of Odinga’s Orange Democratic Movement. He allegedly “controlled the Mungiki organization” and directed the commission of murders, deportations, rapes, persecutions, and other inhumane acts against civilians in the towns of Kibera, Kisumu, Naivasha, and Nakuru. Kenyatta’s trial is scheduled to start at The Hague on July 9. Kenyatta’s election running mate and vice president-elect William Ruto as well as other top Kenyan officials are part of different ICC cases. Ruto’s trial has been postponed to May 28.
Kenyatta and Ruto are presumed innocent until proven guilty. Kenyatta’s lawyer Steven Kay claimed the ICC charges were “determined on false evidence, evidence that was concealed from the defense and the facts underlying the charges have been put utterly and fully in doubt.”
U.S. efforts to ensure free and fair elections in Kenya after 2008
The U.S. was among the first nations to recognize the validity of Kenya’s 2007 presidential election. At the time, U.S. State Department Spokesman Robert McInturff announced, “The United States congratulates the winners and is calling for calm, and for Kenyans to abide by the results declared by the election commission. We support the commission’s decision.” But U.S. validation of that election was completely unwarranted since there was substantial credible evidence of rampant electoral fraud and vote rigging in favor of Kibaki and considerable doubt about the neutrality and integrity of the Kenya Electoral Commission.
Over the past two years, the U.S. has made significant investments to promote free and fair elections in Kenya and prevent a repetition of the 2007 violence. According to the U.S. State Department, “since 2010, the U.S. Government has contributed more than $35 million to support electoral reform, civic education, and elections preparation in Kenya. In addition, since 2008, we have provided more than $90 million to support constitutional reform, conflict mitigation, civil society strengthening, and youth leadership and empowerment, all of which contribute significantly to the goal of free, fair, and peaceful elections in Kenya.”
Obama’s defining moment in Africa?
The March 2013 presidential election in which Kenyatta won by a razor thin margin of 50.7 percent is not entirely free of controversy. Raila Odinga, who received about 43 percent of the votes, has rejected the outcome of the election and filed action in court alleging collusion between the Kenyatta and the electoral commission, not unlike what happened in 2007. This time around, U.S. Secretary of State John Kerry offered only half-hearted congratulations and assurances to the people of Kenya and applauded the fortitude of those who counted the ballots. But his congratulatory statement belied an apparent disappointment as manifested in his omission of the names of the election victors. “On behalf of the United States of America, I want to congratulate the people of Kenya for voting peacefully on March 4 and all those elected to office… I am inspired by the overwhelming desire of Kenyans to peacefully make their voices heard… We … will continue to be a strong friend and ally of the Kenyan people.”
Prior to the election, it seemed President Obama and his top African policy man Assistant Secretary of State for African Affairs Johnnie Carson were playing a bit of the old “good cop, bad cop” routine. President Obama in a special video message to the people of Kenya said that though he is proud of his Kenyan heritage “the choice of who will lead Kenya is up to the Kenyan people. The United States does not endorse any candidate for office…” He assured Kenyans that they “will continue to have a strong friend and partner in the United States of America.” But Johnnie Carson who was also a former U.S. ambassador to Kenya, was more blunt in hinting to Kenyans that their “choices have consequences”. Carson hectored Kenyans that they “should be thoughtful about those they choose to be leaders, the impact their choices would have on their country, region or global community.” Does that mean electing ICC suspects in crimes against humanity could bring about crippling sanctions?
What is good for the goose is good for the gander?
Now that Kenyatta and Ruto are elected, will the U.S. do what it did with Omar al-Bashir of the Sudan, another notorious suspect indicted by the ICC? Or will Kenyatta and his government receive special dispensation from sanctions and other penalties?
Carson argued that Kenya and the Sudan are two different situations. “I don’t want to make a comparison with Sudan in its totality because Sudan is a special case in many ways.” What makes Bashir and Sudan different, according to Carson, is the fact that Sudan is on the list of countries that support terrorism and Bashir and his co-defendants are under indictment for the genocide in Darfur. Since “none of that applies to Kenya,” according to Carson, it appears the U.S. will follow a different policy.
U.S. Secretary of State Kerry seemed to provide a more direct response in his “congratulatory” statement in explaining why Kenya will get special treatment. “Kenya has been one of America’s strongest and most enduring partners in Africa… and [the U.S] will continue to be a strong friend and ally of the Kenyan people.” That is diplomatese for “we will continue with business as usual in Kenya” come hell or high water at the ICC. Carson’s predecessor, Jendayi Frazer, cut to the chase: “Kenyatta knows that he needs the United States, and the United States knows it needs Kenya… And so I suspect that while it might be awkward, there won’t be a significant change in our policy stances toward Kenya or theirs toward us.”
A double standard of U.S. human rights policy in Africa?
It seems the U.S. has a double standard of human rights policy in Africa. One for those the U.S. does not like such as Bashir and Robert Mugabe of Zimbabwe, and another for those it likes like the late Meles Zenawi, Paul Kagame, Yuweri Museveni and now Uhuru Kenyatta.
Following Bashir’s ICC indictment in 2009, Ambassador Susan E. Rice, U.S. Permanent Representative to the United Nations, demanded his arrest and prosecution: “The people of Sudan have suffered too much for too long, and an end to their anguish will not come easily. Those who committed atrocities in Sudan, including genocide, should be brought to justice.” Just before her resignation last month, U.S. Secretary of State Hilary Clinton urged: “Governments and individuals who either conduct or condone atrocities of any kind, as we have seen year after year in Sudan, have to be held accountable.” The U.S. has frozen the assets of individuals and businesses allegedly controlled by Mugabe’s henchmen because the “Mugabe regime rules through politically motivated violence and intimidation and has triggered the collapse of the rule of law in Zimbabwe.”
Legend has it that President Franklin D. Roosevelt once said of Nicaraguan dictator Anastasio Somoza that “Somoza may be a son of a bitch, but he’s our son of a bitch.” Despite lofty rhetoric in support of the advancement of democracy and protection of human rights in Africa, the United States continues to subsidize and coddle African dictatorships that are as bad as or even worse than Mugabe’s. The U.S. currently provides substantial economic aid, loans, technical and security assistance to the repressive regimes in Ethiopia, Congo (DRC), Uganda, Rwanda and others. None of these countries hold free elections, allow the operation of an independent press or free expression or abide by the rule of law. All of them are corrupt to the core, keep thousands of political prisoners, use torture and ruthlessly persecute their opposition.
No case of double standard in U.S. human rights policy in Africa is more instructive than Equatorial Guinea where Teodoro Obiang Nguema Mbasogo has been in power since 1979. Teodoro Obiang is said to make Robert Mugabe “seem stable and benign”. The U.S. maintains excellent relations with Teodoro Obiang because of vast oil reserves in Equatorial Guinea. But all of the oil revenues are looted by Obiang and his cronies. In 2011, the U.S. brought legal action in federal court against Teodoro Obiang’s son Teodoro Nguema Obiang Mangue to seize corruptly obtained assets including a $40 million estate in Malibu, California overlooking the Pacific Ocean, a luxury plane and super-sports cars worth millions of dollars. In describing the seizure action, U.S. Assistant Attorney General Lanny A. Breuer crowed, “We are sending the message loud and clear: the United States will not be a hiding place for the ill-gotten riches of the world’s corrupt leaders.” (Ironically, U.S. law requires the U.S. to return any assets or proceeds from an asset forfeiture court action to the government from which it was stolen. In other words, the assets or proceeds from the forfeiture action against son Teodoro Nguema Obiang will eventually be returned to father Teodoro Obiang Nguema!!!)
But the U.S. has not touched any of the other African Ali Babas and their forty dozen thieving cronies who have stolen billions and stashed their cash in U.S. and other banks. For instance, Global Financial Integrity reported in 2011 reported that “Ethiopia, which has a per-capita GDP of just US$365, lost US$11.7 billion to illicit financial outflows between 2000 and 2009. In 2009, illicit money leaving the economy totaled US$3.26 billion, which is double the amount in each of the two previous years…” Is there really any one wonder who in Ethiopia has the ability to amass such wealth or “illicitly” ship it out of the country and where much of that cash is stashed? Suffice it to say that the dictators in Ethiopia, Rwanda, Uganda… may be kleptocrats, criminals against humanity, genociders, election thieves, torturers, abusers of power… , but they are OUR kleptocrats, criminals against humanity…”
Does the Obama Administration have a (African) human rights policy?
If anyone is searching for the Obama Administration’s global or African human rights policy, s/he may (or may not) find it in the recent statements of Michael Posner, the Assistant Secretary of State for Democracy, Human Rights, and Labor of the United States. Posner said American human rights policy is based on “principled engagement”: “We are going to go to the United Nations and join the Human Rights Council and we’re going to be part of iteven though we recognize it doesn’t work… We’re going to engage with governments that are allies but we are also going to engage with governments with tough relationships and human rights are going to be part of those discussions.” Second, the U.S. will follow “a single standard for human rights, the Universal Declaration of Human Rights, and it applies to all including ourselves…” Third, consistent with President “Obama’s personality”, the Administration believes “change occurs from within and so a lot of the emphasis… [will be] on how we can help local actors, change agents, civil society, labor activists, religious leaders trying to change their societies from within and amplify their own voices and give them the support they need…” But does “engagement” of African dictators mean sharing a cozy bed with them so that they can suck at the teats of American taxpayers to satisfy their insatiable aid addiction?
Since 2008, the U.S. Government has spent $125 million to support electoral reform, civic education, constitutional reform, conflict mitigation, civil society strengthening, and youth leadership and empowerment for free democratic elections in Kenya. But just north of the Kenyan border in Ethiopia, how much has the U.S. invested to support electoral reform, civic education, civil society strengthening, etc., has the U.S. invested? (That is actually a trick question. Civil society institutions are illegal in Ethiopia and no electoral reform is needed where the ruling party wins elections by 99.6 percent.)
In May 2010 after Meles Zenawi’s party won 99.6 percent of the seats in parliament, the White House issued a Statement expressing “concern that international observers found that the elections fell short of international commitments”; but the statement unambiguously affirmed that “we will work diligently with Ethiopia to ensure that strengthened democratic institutions and open political dialogue become a reality for the Ethiopian people.” To paraphrase William Buckley, “I won’t insult the intelligence of the White House by suggesting that they really do believe the statement they had issued.”
“There’s serious evil in the world, and hardship and pain…”
There is a great moral irony in the Obama Administration’s human rights policy in Africa. The President seems to believe that he is moving the African human rights agenda forward while appearing to be backsliding metaphorically similar to Michael Jackson’s “Moonwalk” dance. My humble personal view, (with all due respect to President Obama and his office and mindful of my own full support for his election in 2008 and re-election in 2012), is that President Obama needs to straight walk his human rights talk, not “moonwalk” it. I feel he does not have the confidence in the power of American ideals that I have as a naïve academician and lawyer. He is in an extraordinary historical position in world history as a person of color to advance American ideals in convincing and creative ways. But it seems to me that he has chosen to stand his ground on expediency with little demonstrated faith in American ideals. He now finds himself on a tightrope of moral ambiguity, which impels his hand to choose expediency over consistency of ideals and principles every time he deals with African dictators. He has chosen the creed of realpolitik at a time in global history when the common man and woman stand their ground on principle and ideals of human dignity.
In the “Arab Spring”, ordinary Tunisians, Egyptians, Syrians, Yemeni’s and others who have always faced privation, oppression, corruption and destitution rose up and stood their ground on the principle of human dignity and the rights of Man and Woman. They wanted basic human dignity more than loaves of bread. It is true that one cannot eat dignity like bread nor drink it like milk. But dignity is like oxygen. It is the essence of human existence. If one cannot breathe, one can neither eat nor drink. Human beings without dignity merely exist like the beasts of the wilderness — aimless, purposeless, meaningless, desultory, fearful and permanently insecure.
It seems to me President Obama has crossed over from the strength of American ideals to the weakness of political expediency. He has chosen to overlook and thereby excuse the cruelty and inhumanity of Africa’s ruthless dictators, their bottomless corruption and their endless crimes against humanity. He says he will “engage” African dictators on human rights. Some “engagement” it is to wine, dine and lionize them as America’s trade partners and “partners on the war on terror”! But the real terror is committed by these dictators on their own people every day as they smash and trash religious liberties, steal elections, jail journalists, shutter newspapers, fill their jails with political prisoners and so on. “Engagement” of African dictators for the sake of the war on terror and oil has created a monstrous moral complacency which tolerates and justifies the ends of evil for the illusion of good.
In his first inaugural speech, President Obama served notice to the world’s dictators: “To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history, but that we will extend a hand if you are willing to unclench your fist.” In July 2009, in Ghana, President Obama told Africa’s “strongmen” they are on the wrong side of history: “History offers a clear verdict: governments that respect the will of their own people are more prosperous, more stable, and more successful than governments that do not…. No person wants to live in a society where the rule of law gives way to the rule of brutality and bribery. That is not democracy, that is tyranny, and now is the time for it to end… Make no mistake: history is on the side of these brave Africans [citizens and their communities driving change], and not with those who use coups or change Constitutions to stay in power. Africa doesn’t need strongmen, it needs strong institutions.”
Senator Obama before becoming president said: “[Reinhold Niebuhr] is one of my favorite philosophers. I take away [from his works] the compelling idea that there’s serious evil in the world, and hardship and pain. And we should be humble and modest in our belief we can eliminate those things. But we shouldn’t use that as an excuse for cynicism and inaction. I take away … the sense we have to make these efforts knowing they are hard.”
Perhaps President Obama has forgotten his philosophical roots. But Niebuhr’s philosophy has special relevance in dealing with not only the evils of communist totalitarianism but also the evils of dictatorships, criminals against humanity, kleptocrats, abusers of power and genociders in Africa today. I wish to remind President Obama of his words in his first inauguration speech: “Our Founding Fathers, faced with perils we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man, a charter expanded by the blood of generations. Those ideals still light the world, and we will not give them up for expedience’s sake.”
If I had a chance to have a word or two with President Obama, I would ask him eight naïve questions:
1) On which “side of history” are you?
2) If “Africa does not need strongmen”, why does America need them?
3) Why does America support governments that “do not respect the will of their own people” and as a direct result have made their countries failed states (not “prosperous, successful and stable ones”)?
4) Why can’t you help ordinary Africans “end tyranny” in the continent?
5) When will you stop “moonwalking” your human rights talk and actually straight walk your eloquent talk in Africa?
6) What are you prepared to do in the next four years about the “serious evil” of dictatorship, corruption and abuse of power in Africa and stop using the war on terror and oil as an excuse for “cynicism and inaction” ?
7) Do you think the people of Africa will render a “verdict” in your favor (assuming you care)?
8) When will you start living up to the “ideals that light up the world” and give up “expedience”?
Professor Alemayehu G. Mariam teaches political science at California State University, San Bernardino and is a practicing defense lawyer.
Previous commentaries by the author are available at:
http://open.salon.com/blog/almariam/
www.huffingtonpost.com/alemayehu-g-mariam/
Amharic translations of recent commentaries by the author may be found at:
http://www.ecadforum.com/Amharic/archives/category/al-mariam-amharic
http://ethioforum.org/?cat=24
Alemayehu G Mariam
The International Criminal Court (ICC) is on the chase; and over the past few months, things have taken a slow turn for the worse for African dictators and human rights violators. They are finding out that they can’t run and they can’t hide.
Laurent “Cling-to-power-at-any-cost” Gbagbo of Cote d’Ivoire was snatched from his palatial hiding place in April 2011 after he defiantly refused to give up power to Alassane Ouattara in a presidential election certified by international observers in December 2010. In late November 2011, Gbagbo was quietly whisked away to the Hague from house arrest in Korhogo in the north of the country to face justice before the ICC on charges of crimes against humanity (murder, rape and other forms of sexual violence, persecution and other inhuman acts) that were allegedly committed during the post-election period. The U.N. estimates well over three thousand people died between December 2010 and April 2011 as a result of extrajudicial killings by supporters of Gbagbo and Ouattara. Gbagbo is the second former head of state to be tried by the ICC since it was set up in 2002.
Last week, a High Court judge in Kenya ordered Kenyan officials to arrest and deliver Sudan’s president Omar Al-Bashir to the ICC to face charges of crimes against humanity, war crimes and genocide if he ever set foot again in Kenya. The U.N. estimates well over 300,000 people have perished under Bashir’s regime. Bashir unsuccessfully claimed immunity from prosecution as a sitting head of state. Nearly all of the other unindicted African dictators have chimed in to severely criticize the ICC and demand suspension of Bashir’s arrest warrant. Five other suspects are also sought on ICC warrants in the Sudan including Ahmed Haroun, a lawyer and minister of humanitarian affairs, Ali Kushayb, a former senior Janjaweed (local militiamen allied with the Sudanese regime against Darfur rebels), Bahr Idriss Abu Garda, a rebel leader and two others.
In another development in Kenya last week, Uhuru Kenyatta, finance minister and son of Kenya’s famed independence leader Jomo Kenyatta, resigned following an ICC ruling that he will face trial for crimes against humanity in connection with the communal post-election violence between supporters of presidential candidates Raila Odinga and Mwai Kibaki in 2008. The U.N. estimates some 1,200 people died in weeks of unrest between December 2007 and February 2008 and 600,000 people were forcibly displaced. Cabinet secretary Francis Muthaura, a close ally of president Mwai Kibaki, former Education Minister William Ruto and radio announcer Joshua arap Sang face similar charges.
The ICC had also issued arrest warrants for Moammar Gaddafi, his son Saif al-Islam and Libyan intelligence chief Abdullah al-Senussi on charges of crimes against humanity. Last week, Libya’s Justice Minster announced that Libya, and not the ICC, will be trying Saif al-Islam. Al-Senoussi remains a fugitive from justice.
Last but not forgotten is former Liberian president Charles Taylor who went on trial on charges of crimes against humanity and war crimes in The Hague before the Special Court for Sierra Leone. He is awaiting a verdict after a nearly three and half year trial.
The ICC presently has open investigations against individuals in various countries including Uganda, DR Congo, Central African Republic, Darfur and Cote d’Ivoire. The rogue’s gallery of suspects sought in ICC issued arrest warrants for crimes against humanity and war crimes include five senior leaders of the “Lord’s Resistance Army” in Uganda including the notorious Joseph Kony and his deputy Vincent Otti and three other top commanders. In the DR Congo various rebel and militia leaders and Congolese military officers and politicians including Thomas Lubanga Dyilo, Jean-Pierre Bemba Gombo, Bosco Ntaganda, Mathieu Ngudjolo Chui and two others are targets of ICC investigation.
No ICC, No Justice?
The ICC, established in 2002, is an institution with a lot of legal and political limitations in its investigative and prosecutorial duties. For instance, it has authority over “crimes against humanity” only if the acts were “committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.” The crimes must have been “extensively or rationally orchestrated” by the perpetrators. The ICC can investigate cases only where the accused is a national of a state party that has accepted ICC jurisdiction and the alleged crime took place on the territory of a state party, or if a “situation” is referred by the Security council. Most importantly, it can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes.
The ICC has a very difficult job to do in investigating and chasing the world’s worst human rights violations across the planet. Despite its recent establishment, obstacles and limitations, it has a respectable record. As of September 2010, the Office of the ICC Prosecutor had received 8,874 “communications” about alleged human rights violations. After an initial review, it declined to proceed with 4,002 of them concluding that they are “manifestly outside the jurisdiction of the Court”. To date, the Court has opened investigations in seven African countries. Three investigations began following referral by state parties, the UN Security Council referred two more (Darfur and Libya) and two were begun proprio motu (“ICC prosecutor began on his own initiative”). To date, the ICC has charged 27 people and issued arrest warrants for 18 more. Five individuals are in various stages of trial and eight remain at large as fugitives. Two individuals died before their trials concluded and charges were dismissed against four.
The one unsettled question is what happens to those individuals who commit crimes against humanity, war crimes and genocide in official or unofficial capacity but cannot be prosecuted because they are not part of the regime of the Rome Statute which established the ICC. For instance, Ethiopia has not ratified or accepted the Rome Statute and technically does not come under ICC jurisdiction. Does that mean the individuals who perpetrated crimes against humanity and war crimes in that country will never be held accountable under any international system of criminal justice?
The evidence of crimes against humanity and war crimes in Ethiopia is fully documented, substantial and overwhelming. An official Inquiry Commission report in 2006 documented the extrajudicial killing of at least 193 persons, wounding of 763 others and arbitrary imprisonment of nearly 30,000 persons in the post-2005 election period in that country. There are at least 237 individuals identified and implicated in these crimes. In December 2003, in Gambella, Ethiopia, 424 individuals died in extrajudicial killings by security forces. In the Ogaden, reprisal “executions of 150 individuals” and 37 others were documented by Human Rights Watch in 2008 which charged:
Ethiopian military personnel who ordered or participated in attacks on civilians should be held responsible for war crimes. Senior military and civilian officials who knew or should have known of such crimes but took no action may be criminally liable as a matter of command responsibility. The widespread and apparently systematic nature of the attacks on villages throughout Somali Region is strong evidence that the killings, torture, rape, and forced displacement are also crimes against humanity for which the Ethiopian government bears ultimate responsibility.
In 2010, Human Rights Watch made a submission to the U.N. Committee Against Torture “regarding serious patterns of torture and other cruel, inhuman, and degrading treatment in Ethiopia.”
Torture and ill-treatment have been used by Ethiopia’s police, military, and other members of the security forces to punish a spectrum of perceived dissenters, including university students, members of the political opposition, and alleged supporters of insurgent groups, as well as alleged terrorist suspects. Human Rights Watch has documented incidents of torture and ill-treatment by Ethiopian security forces in a range of settings. The frequency, ubiquity, and patterns of abuse by agents of the central and state governments demonstrate systematic mistreatment involving commanding officers, not random activity by rogue soldiers and police officers. In several cases documented by Human Rights Watch, military commanders participated personally in torture.
Universal Jurisdiction
The are obvious limits to the globalization of criminal justice under the ICC regime. But does that mean human rights violators who are not subject to ICC jurisdiction get away with murder, torture, war crimes and genocide? Maybe not.
There is an encouraging trend globally that more and more national courts are willing to operate under the doctrine of universal jurisdiction to prosecute gross human rights violators for atrocities committed outside their countries. Simply stated, if someone who committed crimes against humanity, war crimes or genocide is found in another country where the crimes were not committed, that country makes it its obligation to bring the perpetrator to justice using its own courts. For instance, Article 5 of the United Nations Convention Against Torture and Cruel, Inhuman or Degrading Treatment and Punishment provides that each State shall “take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him.”
Universal jurisdiction has been exercised in a number of high profile cases. A Spanish judge charged former Chilean president Augusto Pinochet in 1998 for crimes against humanity committed in Chile. After years of appeal and delays, Pinochet died in 2006 without facing justice. A Belgian court in 2001 convicted the killers of two Rwandan nuns for war crimes during the 1994 Rwandan genocide. A Belgian court in 2005 indicted the former president of Chad, Hissène Habré, for crimes against humanity, torture, war crimes and other human rights violations committed during his presidency in Chad. Two weeks ago, a Senegalese court blocked the extradition of the Chadian dictator because Belgium failed to file the “original arrest warrant and other papers”. A German court has convicted a former leader of a paramilitary Serb group for acts of genocide committed in Bosnia and Herzegovina in 1997. Over the past several decades, more than 15 countries have exercised universal jurisdiction in investigations or prosecutions of persons suspected of crimes under international law including Australia, Belgium, Canada, France, Germany, Netherlands, Norway, Spain, the UK and the United States of America.
There are other non-criminal legal remedies as well. For instance, the Human Rights Violators and War Crimes Unit (HRVWCU) in the U.S. Immigration and Customs Enforcement’s (ICE) National Security Investigations Division conducts investigations to prevent foreign war crimes suspects, persecutors and human rights abusers from entering the United States. It also identifies, prosecutes and deports such offenders who have entered the U.S. Over the past 8 years, ICE has arrested more than 200 individuals for human rights-related violations under various criminal and/or immigration statutes and deported more than 400 known or suspected human rights violators from the United States. Currently, ICE is pursuing more than 1,900 leads and removal cases involving suspected human rights violators from nearly 95 different countries. HRVWCU receives anonymous tips and information from those who report suspected war criminals and human rights violators residing in the U.S. Individuals seeking to report suspected human rights violators may contact the HRV unit at [email protected]
Justice Delayed is Not Justice Denied, Just Delayed
Justice delayed is just delayed. The victims of former Chilean dictator Gen. Augusto Pinochet might have thought justice delayed is justice denied. So may have thought the victims of Argentina’s Dirty War. The facts are very encouraging. Since December 2006, Chilean prosecutors and judges have convicted hundreds of former military personnel in the Pinochet regime accused of committing grave human rights violations. As of July 2008, 482 former military personnel and civilian collaborators were facing charges for a variety of offenses classified under crimes against humanity. Among these, 256 had been convicted, of whom 83 had had their convictions confirmed on appeal. In the Argentine Dirty War (the generals’ war against thousands of activists, militants, trade unionists, students, journalists and others), the mighty generals have been held to account. Many of the top military officers involved including Leopoldo Galtieri, general and President of Argentina, Jorge Rafael Videla, former senior Army commander and de facto President and other lesser known top officers were tried and sentenced to life imprisonment or long prison terms. Hosni Mubarak, Egypt’s dictator for over three decades, his sons, interior minsiter and others are today facing justice in an Egyptian court. Syria’s Bashar al-Assad of Syria and Ali Saleh of Yemen will no doubt face justice in Syria, Yemen or elsewhere. Justice will also arrive like a slow, chugging and delayed train for those who have committed crimes against humanity and war crimes in Ethiopia.
Previous commentaries by the author are available at: www.huffingtonpost.com/alemayehu-g-mariam/ and http://open.salon.com/blog/almariam/
Alemayehu G. Mariam
Thugogracy in Africa
If democracy is government of the people, by the people and for the people, a thugogracy is a government of thieves, for thieves, by thieves. Simply stated, a thugtatorship is rule by a gang of thieves and robbers (thugs) in designer suits. It is becoming crystal clear that much of Africa today is a thugogracy privately managed and operated for the exclusive benefit of bloodthirsty thugtators.
In a thugtatorship, the purpose of seizing and clinging to political power is solely to accumulate personal wealth for the ruling class by stealing public funds and depriving the broader population scarce resources necessary for basic survival. The English word “thug” comes from the Hindi word “thag” which means “con man”. In India “Thugees”, well-organized criminal gangs, robbed and murdered unsuspecting travelers over a century ago. Africa’s “thugees” today mug, rob, pillage, plunder and rape unsuspecting whole nations and peoples and secrete away their billions in stolen loot in European and American banks.
Today, we see the incredibly extreme lengths Libyan thugtator Muammar Gaddafi is willing to go to preserve his thugocratic empire floating on billions of stolen oil dollars hidden in foreign bank accounts and corporate property holdings. The British Government recently announced that it expects to seize “around £20 billion in liquid assets of the Libyan regime, mostly in London.” The Swiss Government has similarly issued an order for the immediate freeze of assets belonging to Gadhafi and his entourage. The Swiss central bank announced that it will freeze Gaddafi’s 613 million Swiss francs (USD$658 million), with an additional 205 million francs (USD$220 million) in paper or fiduciary operations. In 2008, before a diplomatic incident involving the arrest of one of Gaddafi’s sons for assault in Switzerland, Gadhafi’s Swiss holdings amounted to 5.7 billion in cash and 812 million francs in paper and fiduciary operations. In 2006, the Libyan Sovereign Wealth Fund had investments of $70 billion. The U.S. closed its Embassy in Triopli and slapped a freeze on all Libyan assets described as “substantial.”
To protect his empire of corruption, Gadhafi has ordered his air force to bomb and strafe unarmed civilian demonstrators demanding an end to his 42-year rule. His son Saif al-Islam threatened to dismember the country and plunge it into a civil war that will last for 30 or 40 years. In a televised speech, the young thug promised a bloodbath: “We will fight to the last minute, until the last bullet. I will fight until the last drop of my blood.” The buffoonish al-Islam contemptuously reassured the world: “Plan A is to live and die in Libya. Plan B is to live and die in Libya. Plan C is to live and die in Libya.” For someone who has no official role in government, it was an astonishing statement to make.
Gadhafi himself has vowed to fight on and die “like a martyr” in the service of his thugogracy. He urged his supporters in Green Square to fight back and “defend the nation.” He exhorted, “Retaliate against them, retaliate against them… Dance, sing and prepare. Prepare to defend Libya, to defend the oil, dignity and independence.” Gadhafi promised: “At the suitable time, we will open the arms depot so all Libyans and tribes become armed, so that Libya becomes red with fire.” It is not enough for Gadhafi and his thugs to have bled the Libyan people dry for 42 years, they now want to burn down the whole country to ashes. Apres moi, le deluge! (After me, the flood!)
The Ivory Coast is on the verge of civil war, according to UN Secretary General Ban Ki-moon. In December 2010, Laurent Gbagbo refused to step down after he was decisively defeated in the presidential election. His own Election Commission said his opponent Alassane Ouattara won the election by a nine-point margin. The African Union, the Economic Community of West African States (ECOWAS), the United Nations, the United States, the European Union all said Ouattara is the winner. Gbagbo has turned a deaf ear and is preparing to plunge the Ivory Coast into civil war to protect his empire of corruption. In 2000, Gbagbo imposed a curfew and a state of emergency and ordered security forces to shoot and kill any demonstrators in the streets: “Police, gendarmes and soldiers from all branches of the armed forces are ordered to use all means throughout the country to oppose troublemakers.” Like Gaddafi’s mercenaries today, Gbagbo’s troops back then went on a killing and beating rampage. The European Union, the Swiss and United States Governments have frozen Gbagbo’s assets in their countries.
In May 2010, Meles Zenawi said he won the parliamentary election by 99.6 percent. The European Union Election Observer Team said the election “lacked a level playing field” and “failed to meet international standards”, a well-known code phrase for a “stolen election”. In its 2005 report, the Observer Team said exactly the same thing. Zenawi’s EPDRF party pretty much owns the Ethiopian economy. “According to the World Bank, roughly half of the rest of the national economy is accounted for by companies held by an EPRDF-affiliated business group called the Endowment Fund for the Rehabilitation of Tigray (EFFORT). EFFORT’s freight transport, construction, pharmaceutical, and cement firms receive lucrative foreign aid contracts and highly favorable terms on loans from government banks.” The regime’s own anti-corruption agency reported in 2008 that “USD$16 million dollars” worth of gold bars simply walked out of the bank in broad daylight. A couple of weeks ago, in an incredible display of arrogance and total lack of accountability, Zenawi publicly stated that 10,000 tons of coffee earmarked for exports had simply vanished from the warehouses. He called a meeting of commodities traders and in a videotaped statement told them he will forgive them because “we all have our hands in the disappearance of the coffee”. He warned them that if anyone should steal coffee in the future, he would “cut off their hands”.
In 2005, Zenawi demonstrated the extremes he will go to protect his empire of corruption. Zenawi’s own Inquiry Commission documented that troops under Zenawi’s direct command and control mowed down 193 documented unarmed protesters in the streets and severely wounded nearly 800. Another 30,000 suspected opponents were jailed. In a meeting with high level U.S. officials in advance of the May 2010 election, Zenawi told them in plain words what he will do to his opposition if they try to “discredit the election”: “If opposition groups resort to violence in an attempt to discredit the election, we will crush them with our full force; they will all vegetate like Birtukan (Midekssa) in jail forever.” If Zenawi will “crush” those who “attempt to discredit an election”, it does not leave much to the imagination to figure out what he will do when the people ask him peacefully to leave power.
In April 2010, Omar al-Bashir of the Sudan claimed victory by winning nearly 70 percent of the vote. The EU EOM declared the “deficiencies in the legal and electoral framework in the campaign environment led the overall process to fall short of a number of international standards for genuine democratic elections.” Another election stolen in broad daylight; but that is not all Bashir has stolen. According to a Wikileaks cablegram, “International Criminal Court [ICC] Prosecutor Luis Moreno-Ocampo told [U.S.] Ambassadors Rice and Wolff on March 20 [2009] that [Ocampo] would put the figure of Sudanese President Bashir’s stash of money at possibly $9 billion.” After the ICC issued an arrest warrant for Bashir on charges of war crimes and crimes against humanity in Darfur, the first warrant of its kind for a sitting head of state, a sneering Bashir flipped his middle finger at the ICC: “They will issue their decision tomorrow, and we are telling them to immerse it in water and drink it“, a common Arabic insult which is the equivalent of “they can shove it up their _ _ _.” Bashir recently he said he will not run for the presidency again. (It is not clear if had decided not to run because he wants to enjoy his stolen billions or because he expects to put on the jail jumpsuit of the ICC.)
In February 2010, a group of soldiers in Niger calling itself the “Supreme Council for the Restoration of Democracy” stormed Niger’s presidential palace and snatched president Mamadou Tandja and his ministers. In 2009, Tandja had dissolved the National Assembly and set up a “Constitutional Court” to pave the way for him to become president-for-life. Niger’s state auditor reported that “at least 64 billion CFA francs [USD$128-million] were stolen from Niger’s state coffers under the government of former president Mamadou Tandja.” Tandja is sitting in jail in southwestern Niger.
In March 2008, Robert Mugabe declared victory in the presidential election after waging a campaign of violence and intimidation on his opponent Morgan Tsvangirai and his supporters. In 2003, Mugabe boasted, “I am still the Hitler of the time. This Hitler has only one objective: justice for his people, sovereignty for his people, recognition of the independence of his people and their rights over their resources. If that is Hitler, then let me be Hitler tenfold. Ten times, that is what we stand for.” No one would disagree with Mugabe’s self-description. In 2010, Mugabe announced his plan to sell “about $1.7 billion of diamonds in storage” (probably rejects of his diamond-crazed wife Grace). According to a Wikileaks cablegram, “a small group of high-ranking Zimbabwean officials (including Grace Mugabe) have been extracting tremendous diamond profits.” Mugabe is so greedy that he stole outright “£4.5 million from [aid] funds meant to help millions of seriously ill people.”
In December 2007, Mwai Kibaki declared himself winner of the presidential election. In 2002, Kibaki, criticizing his predecessor Daniel Arap Moi regime, urged the people to “Remain calm, even when intimidated or provoked by those who are desperately determined to rig the elections and plunge the country into civil war.” In 2007, Kibaki and his thugees unleashed such violence against the civilian population that 1500 Kenyans were killed and some 600 hundred thousand displaced, almost plunging Kenya into civil war. The Kroll Report revealed that Moi stole billions of dollars using a “web of shell companies, secret trusts and frontmen” and secreted the loot in 30 countries. Kibaki stonewalled further action on the report, including prosecution of Moi.
The story of corruption, theft, embezzlement and brazen transfer of the national wealth of African peoples to European and African banks and corporate institutions is repeated elsewhere in the continent. Ex-Nigerian President Sani Abacha, who was judicially determined to be a member of a criminal organization by a Swiss court, stole $500 million. Ben Ali of Tunisia and Hosni Mubarak of Egypt also have their stolen assets in the hundreds of millions of dollars frozen in Switzerland and elsewhere. Other African thugtators who have robbed their people blind (and pretty much have gotten away with it) include Nigeria’s Ibrahim Babangida, Guniea’s Lansana Conte, Togo’s Gnassingbe Eyadema, Gabon’s Omar Bongo, Equatorial Guniea’s Obiang Nguema, Burkina Faso’s Blaise Campore and Congo’s (Brazaville) Denis Sassou Nguesso, among others.
Godfathers and African Thugogracies
In previous commentaries, I have argued that the business of African governments is corruption. African thugtators cling to power to operate sophisticated criminal business enterprises to loot their national treasuries and resources. These African “leaders” are actually “godfathers” or heads of criminal families. Just like any organized criminal enterprise, African thugtators use their party apparatuses, bureaucracies, military and police forces to maintain and perpetuate their corrupt financial empires.
When the U.S. first announced its “kleptocracy asset recovery program” to the world in July 2010, U.S. Attorney General Eric Holder delivered the message, not at some international anti-corruption forum, but at the African Union Summit in Kampala, Uganda. Holder told the gathered African thugtators:
Today, I’m pleased to announce that the U.S. Department of Justice is launching a new Kleptocracy Asset Recovery Initiative aimed at combating large-scale foreign official corruption and recovering public funds for their intended – and proper – use: for the people of our nations. We’re assembling a team of prosecutors who will focus exclusively on this work and build upon efforts already underway to deter corruption, hold offenders accountable, and protect public resources.
Holder’s announcement was nothing short of breathtaking. It was as though he was addressing the national convention of the “Commissione” of all the Mafia families from New York City, Chicago, Detroit, Miami, Atlantic City, Las Vegas, St. Louis, Los Angeles and Philadelphia. In Kampala, Holder was talking directly to the African equivalents of the Godfathers of the Bonnano, Columbo, Gambino, Genovese and Lucchese crime families in one place. Absolutely surreal!
The Political Economy of Thugtatorships
Thugtatorships in Africa thrive in the political economy of kleptocracy. Widespread corruption permeates every corner of society. Oil revenues, diamonds, gold bars, coffee and other commodities and foreign aid are stolen outright and pocketed by the thugtators and their army of thugocrats. Public funds are embezzled and misused and state property misappropriated and converted to private use. Publicly-owned assets are virtually given away to supporters in “privatization programs” or secretly held in illegal transactions. Bank loans are given out to front enterprises owned secretly by the thugtators or their supporters without sufficient or proper collateral. Businessmen must pay huge bribes or kickbacks to participate in public contracting and procurement. Those involved in the import/export business are victimized in shakedowns by thugocrats. The judiciary is thoroughly corrupted through political interference and manipulation.
Armageddon: Thugtators’ Nuclear Option
One of the common tricks used by thugtators to cling to power is to terrorize the people with warnings of an impending Armageddon. They say that if they are removed from power, even after 42 years, the sky will fall and the earth will open up and swallow the people. Thugtators sow fear, uncertainty and doubt in the population and use misinformation and disinformation to psychologically defeat, disorient and neutralize the people. Gaddafi thuggish son warned Libya will “spiral into civil war for the next 30 to 40 years and the country’s infrastructure ruined” without the Gadhafi dynasty. He said Libya will be awash in “rivers of blood”. Gadhafi urged his supporters: “This is an opposition movement, a separatist movement which threatens the unity of Libya. We will take up arms… we will fight to the last bullet. We will destroy seditious elements. If everybody is armed, it is civil war, we will kill each other.”
Zenawi has been talking about “genocide” for years. The 2005 European Union Election Observer Mission in its Final Mission Report strongly chastised Zenawi and his associates for morbid genocide rhetoric:
The end of the campaign became more heated, with parties accusing each other of numerous violations of campaign rules. Campaign rhetoric became insulting. The most extreme example of this came from the Deputy Prime Minister, Addisu Legesse, who, in a public debate on 15 April, compared the opposition parties with the Interhamwe militia, which perpetrated the 1994 Rwandan genocide. The Prime Minister made the same comparison on 5 May in relation to the CUD [Coalition for Unity and Democracy]. The EPRDF [Ethiopian People’s Revolutionary Democratic Front] made the same associations during its free slots on radio and TV… Such rhetoric is unacceptable in a democratic election.
Zenawi “is quick to talk up threats to his country, whether from malcontents in the army or disgruntled ethnic groups among Ethiopia’s mosaic of peoples. Radical Oromos, a southern group that makes up about a third of Ethiopia’s people, often fall under suspicion.” Last year, he compared Voice of America radio broadcasts to Ethiopia with broadcasts of Radio Mille Collines which directed the genocide in Rwanda in 1994.
If Africa’s thugtators plan to use the “nuclear option” and bring Armageddon on their societies, they would be wise to know who is destined to win the final battle between good and evil. Gadhafi’s fate now dangles between what he wants to do to bring this unspeakable tragedy to a swift conclusion, the will of the Libyan people once they vanquish his mercenaries and the International Criminal Court to whom the U.N. Security Council has voted unanimously to refer Moammar Gadhafi and members of his government in Libya for investigation and prosecution for crimes against humanity and war crimes. Like al-Bashir of the Sudan, Gadhafi and members of his thugocratic empire will not escape the long arms of justice. The days of massacring unarmed demonstrators, strafing and bombing civilians and detention of innocent people by the tens of thousands with impunity are gone. Justice may be delayed but when the people open the floodgates of freedom, “justice (not blood) will run down like water, and righteousness like a mighty stream” and wash out the wreckage of thugtatorship into the sea.
Thugtators and Their Business Partners in Africorruption, Inc.
Africa’s thugtatorships have longstanding and profitable partnerships with the West. Through aid and trade, the West has enabled these thugocracies to flourish in Africa and repress Africans. To cover up their hypocrisy and hoodwink the people, the West is now lined up to “freeze” the assets of the thugtators. It is a drama they have perfected since the early days of African independence. The fact of the matter is that the West is interested only in “stability” in Africa. That simply means, in any African country, they want a “guy they can do business with.” The business they want to do in Africa is the oil business, the (blood) diamond business, the arms sales business, the coffee and cocoa export business, the tourism business, the luxury goods export business and the war on terrorism business. They are not interested in the African peoples’ business, the human rights business, the rule of law business, the accountability and transparency business and the fair and free elections business.
Today, the West is witnessing a special kind of revolution it has never seen: A youth-led popular nonviolent revolution against thugtatorships in Africa and the Middle East. Neither the West nor the thugtators know what to do with this kind of revolution or the revolutionaries leading it. President Obama said, “History will end up recording that at every juncture in the situation in Egypt, that we were on the right side of history.” Well, what is good for Egypt is good enough for Ethiopia, Libya, Tunisia, the Sudan, Algeria, Kenya, Bahrain, Djbouti, Somalia…, and Zimbabwe. The decisive question in world history today is: Are we on the right side of history with the victims of oppression, or are we on the wrong side with thugtators destined to the dustbin of history?
Power to Youths in Africa and the Middle East!
