Press Release – Burundi Crisis: PALU and EACSOF Jointly file a case at the EACJ Challenging the Constitutional Court of Burundi and CENI’S Decisions Permitting President Nkurunziza’s Third Term Re-Run for Elections (06.07.2015)

Monday 6 July 2015, the Pan African Lawyers Union (PALU) together with the East African Civil Society Organisations’ Forum (EACSOF) filed an application at the East African Court of Justice. The purpose of this application is to obtain a ruling from the East African Court of Justice on the legality of the decision reached by the Constitutional Court of Burundi on 5th May 2015, which allowed President Nkurunziza to run for a third term in elections. This decision was reached despite the following;
  1. On 28th August 2000, the Government of the Republic of Burundi signed the Arusha Peace and Reconciliation Agreement (Arusha Agreement) which provides that the President of the Republic of Burundi “shall be elected for a term of 5 years, renewable only once. No one may serve more than 2 presidential terms.”
  2. The Constitution of Burundi clearly provides that “The President of the Republic is elected by universal direct suffrage for a mandate of five years renewable one time.”
  3. That the decision by the Constitutional Court of Burundi was reached under great pressure and intimidation. This became apparent when the vice president of the Court, Mr. Sylvere Nimpagaritse fled the country and the decision was thus reached in the absence of a full bench.
Civil Society Organisations are convinced that the people of Burundi are unhappy with the decision of the Constitutional Court and the President’s bid to run for a third term, however elections are set to proceed despite the political turmoil and unrest, and notwithstanding the following:
  1. The African Union and East African Community have made calls for the elections to be postponed;
  2. Threats and intimidation continue: On 28th June 2015, the Speaker of the National Assembly, Mr. Pie Ntavyohanyuma fled the country, on 25th June 2015 the 2nd Vice President of the Republic, Mr. Gervais Rufyikiri also fled, on 30th May 2015, the Vice-President of the Commission électorale nationale indépendante/Independent National Electoral Commission (CENI) of the Republic of Burundi, Ms. Spes-Caritas Ndironkeye, together with a Member of the said Commission, Ms. Illuminata Ndabahagamye fled as well.
PALU and EACSOF are hoping to obtain the following remedies from the East African Court of Justice:
  1. A Declaration that the decisions by the Constitutional Court of Burundi and the CENI violate the Arusha Agreement and the Constitution of Burundi;
  2. A Declaration that the decision of the Constitutional Court of Burundi violates the treaty for the establishment of the East African Community;
  3. An Order to quash the decision of the Constitutional Court of Burundi and the CENI’s decision which allowed Pierre Nkurunziza to run illegally for third term.
Click here to read the official press statement by the Burundi Civil Society Organizations engaged in Citizens’ initiative to ensure compliance with the Arusha Peace and Reconciliation Agreement for Burundi and the Constitution.
For more information about the case, follow through our social pages using#PALUatCourt #BurundiCrisis and please contact the following:Donald Deya, Chief Executive Officer, Pan African Lawyers Union
Email: secretariat@lawyersofafrica.org

Morris Odhiambo, President, East African Civil Society Organisations’ Forum
Email: odhotiato@gmail.com

Uganda – UPF Bond Paper on Dr. Kizza Besigye preventive arrest on 09.07.2015

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Press Release: Status of the HRNJ-Uganda after office Break-In (06.07.2015)

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EAC – The 3rd Emergency Summit of Head of State of the East African Community on the Situation in Burundi (06.07.2015)

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Danakil Depression in Ethiopia – A little dig into the mining operations there

Danakil1

In this day and age there can still come some surprises like out of the wind a leaf will fall to the ground. It makes a sound and a whistle. You can never be up to speed about everything. I know about the Ethiopian dam projects, but certain industrial projects have gone in the wind. But then out of nothing the ICL buying out Allana Potash in the Danakil Depression caught my eye. Therefore I started doing research and seeing if I could get some information on the matter. A lot of information isn’t above the sea level yet, it’s still loose ends though. The licenses and the agreements between any company and the sovereign nation of Ethiopia are not at bay. But all the other information is saying certain stories. And tell how big of an issue this can get. Especially when you see how many companies is a-part of this shindig. Hope you get some information that you didn’t before and learn about the Danakil Depression in the Afar Region in Ethiopia.

Introduction to the area:

“The potash potential of Ethiopia was dormant until World War II where Italian and other foreign companies initiated exploration activities in different parts of the extremely hot Danakil Depression of northern Ethiopia, where temperatures regularly exceed +50°C. The companies exploited a number of mineral resources, such as potash and sulphur. The Danakil depression is found down to 110 m below sea level. The evaporites of the central parts of the Danakil Depression cover an area of 1165 km2, the major part of which is known as the Salt Plain” (…) “The Afar region of north-east Ethiopia is covered by Quaternary lacustrine sediments and volcanic rocks of the East African Rift Valley. The central part of the Danakil Depression is covered by a thick evaporite succession (Salt Formation), which is partially covered by Quaternary volcanic rocks” (Geus, 2010).

Potashforgrowth

“ETHIOPIAN POTASH CORP. (ETHIOPIAN POTASH) has signed an Option Agreement to buy over G&B Central African Resources, which holds the title for the G&B Mineral Property in the Danakil Depression, Afar State, Ethiopia” (…) “Pursuant to the Option Agreement, upon the Option Closing, the Founders will also receive, on a pro rata basis, an aggregate of 20,000,000 Resulting Issuer Common Shares at a deemed price of $0.20 per Resulting Issuer Common Share, as incentive payments for their roles in reorganizing, financing and developing the business of G&B and in negotiating the Option Agreement” (…) “The value of the Danakil Potash Permits, the option and the payments under the Option Agreement were determined and negotiated through arm‟s length negotiations. The Danakil Technical Report was filed with the Exchange on December 3, 2010” (…) “ETHIOPIAN POTASH commissioned the production of a Technical Report in compliance with NI 43-101 to both summarise past exploration and to provide guidance for further project development. As a first step this Preliminary Resource Assessment Study (PRAS) from the independent consultant ERCOSPLAN, a German consultancy firm with more than half a century of experiences in industrial potash mining and processing was prepared” (…) “According to official information, exploration and mining licences were granted to Sainik Coal Mining Private Limited from the Ethiopian Ministry of Mines and Energy in 2007. Referring to this source, the deposit is estimated to contain resources of 160 million tonnes (without further specification)” (…) “ALLANA POTASH CORP. reports in 2008 for the part of the Musley deposit within their property an inferred resource amounting to 31.3 million tonnes of sylvinite at 25.4% KCl and 73.9 million tonnes of kainitite at 18.8% KCl, not taking into account mining and processing losses” (…) “The Musley Deposit, in the extension as defined by PARSONS, contains 171.27 million tonnes of mineralised material (55.63 million tonnes KCl) and partly extends onto the G&B Danakil Property. Six of the historical drill holes are located within the south western part of this property” (…) “The modelling of the 6 drill holes within the G&B Danakil Property and nearby drill holes south of the property resulted in inferred geological sylvinite resources of 28 million tonnes at an average grade of 29% KCl from the so-called Sylvinite Member, with additional inferred geological sylvinite/carnallitite resources of 5 million tonnes at an average grade of 22% KCl from the sampled part of the intermediate Member and inferred geological kainitite resources of 95 million tonnes at an average grade of 18% KCl. In these numbers, no deduction for mining and plant losses are considered. Resource estimations refer to the G&B Danakil Property only” (…) “The Danakil Depression stretches some 200km between Lake Bada (lake level 50m below sea level) in the NNW and Lake Acori (lake level 94m below sea level) in the SSE. The deepest point is located at Lake Assale where the lake level is 128m below sea level. This desert area is characterised by a flat surface that is interrupted by only few hills known as Mount Dallol, Black Mountain and Ashe Ale” (…) “Danakil Potash Exploration: Licence 3137-3150/2000 – 265.05km²” (…) “The mining policy of Ethiopia has received partial updating via the Mining and Income Tax Proclamations in 1993 and the supporting Mineral Operations Regulations in 1994 . These laws were established to stimulate the development of mining and to guarantee the property rights of both local and foreign investors. The preamble to the new mining law states that the law recognizes the significant role of private investment in capital formation, technology acquisition and marketing of minerals. The laws foresee different kinds of permits. The permit holders have both rights and obligations”  (…) “The Danakil Depression is known as the hottest place on Earth, and is consistently hot throughout the year. Dallol‟s record high of the annual average temperature for an inhabited location on Earth of 34°C was recorded between the years 1960 and 1966” (…) “Because of the harsh conditions, the area of the G&B Property is very sparsely populated, and is mostly only temporarily inhabited by the Afari nomads. In the north western part of the G&B Danakil Property the small (temporary?) settlements of Ghebro (local salt extraction), and Iremle are located. In the northernmost part of the G&B Bada Property several small settlements are situated adjacent to the agriculturally used area on the alluvial fan of the Ragali River delta” (…) “road access is limited, but since 2010 it is in relatively good condition. No railway facility is available. No supply of electrical energy, fresh water and internet access is present. Connection to global system for mobile phone communication (GSM) is not available; the only option for communication at the site is via satellite telephone or radio. Mechanical and technical services as well as fuel cannot be obtained on site. Reasonable infrastructure for this is either present at Mekele or Afdera” (Raushe, 2011).

agriminco

Information on AgriMinco:

“Following the completion of the maiden National Instrument 43-101-compliant mineral resource estimate, the operator of Danakil Holdings Ltd., Plinian Capital LLP, requested a preliminary investigation into the economic viable mining and processing options for the Danakil potash resources” (…) “AgriMinco’s chief executive officer, Bruce Cumming, comments: “Whilst the results are encouraging, they must be seen against the backdrop of uncertainty that the company continues to face due to the difficulties experienced in attempting to raise additional finance and the existing debt burden the company carries. We continue to focus our efforts on completion either of a capital raise or a corporate transaction. Under the terms of the JV agreement and the amendment thereto, AgriMinco was required to contribute 30 per cent of expenditure in excess of the agreed free carry by April 7, 2014” (…) “The operator of the joint venture, Plinian Capital, and Circum Minerals Ltd., the 70-per-cent joint venture partner, have consented to the release of the information contained herein” (Cumming, 2014).

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140122_BHPBillitonLogo

BHP Billiton pulls away:

In 2012 pulled BHP Billiton out of the Danakil Depression. The spokesman for the company commented on it like this: “They already informed the ministry they want to leave” (…) “We have made a decision to discontinue exploration activities in Ethiopia” (…) “This was because following completion of sufficient work it’s not expected to meet BHP’s investment criteria”. The company didn’t deliver any more information to why they pulled away from the project at the time (Davison, 2012).

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License giving to Allana:

“The Ethiopian Ministry of Mines has issued a mining license for the country’s Danakhil Potash Project to Allana Potash – a Canadian mineral exploration company. The license was issued after its approval by the Ethiopian council of ministers.  A detailed review of the projects feasibility study and the Environmental, Social and Health Impacts Assessment (ESHIA) by the Ministry of Mines and other government departments had been carried out” (Wanene, 2013). “Approval of the ESHIA is conditional on the fulfillment of several action plans, most of which are identified in the ESHIA and already in place. These include monitoring ground water in the region (ongoing), resettlement of two small villages (in progress) and a commitment to community development (part of Allana’s Community Development Plan). Approval of the Company’s ESHIA is necessary for the granting of a Mining License in Ethiopia. The Ministry continues to review Allana’s application for the Mining License and meetings last week in Ethiopia indicate significant progress has been made in the evaluation of the Company’s Feasibility Study. While this work is ongoing, Allana is optimistic that the granting of the Mining License will occur in the next few months” (Mbendi, 2013).

Beginning information on Allana:

Allana had already before 2010 was finished had 60 drilling holes in the Danakil Depression. “Allana tacked on 28 drill holes from its wholly-owned Nova project, which occupies roughly 132-sq.km adjacent to its Dallol concessions and was picked up in a merger with Nova-Ethio Potash in November 2012”. The president and CEO Farhad Abasov is excited and was quoted saying: “We are excited to see the large increase in total mineral resources on the project and the significant conversion of inferred mineral resources into measured and indicated mineral resource categories” (…) “Potash resources continue to expand with our exploration activities which are ongoing on the Nova license. We are encouraged that significant additional mineralization of [carnallite and kainitite] has been delineated and will initiate further study on these resource estimates” (Northern Miner, 2013).

Basic information on Allana:

“Allana’s potash project is comprised of four potash concessions (Danakil Potash Project) located in Ethiopia’s northeastern Danakil Depression totaling approximately 312 square kilometers” (Allana).

“Major Advantages:

Allana has completed a NI 43-101 compliant technical report for the three concessions. The technical report highlighted several unique advantages of this project:

  • An inferred mineral resource of 105,200,000 tonnes of potash mineralization (Sylvinite and Kainitite) with a composite grade of 20.8% KCI
  • Near-surface (shallow-depth) potash mineralization (within 50 metres of surface)
  • Potential for solution or open-pit potash mining
  • 16 drill holes immediately on Allana’s property
  • 2 hole intersect 45 metres of potash mineralization at a depth of 680 metres – demonstrate significant potential to expand potash resource
  • Unique environment that may provide for low-cost production utilizing solar evaporation and geothermal power
  • MOP (muriate of potash) and SOP (sulphate of potash) production is feasible (NaFinance, 2009)”

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Allana raised funds for construction:

“Abasov and company have raised over $90 million in equity markets and has sufficient cash reserves to reach the construction stage. And the news keeps getting better. Just last month, Allana’s debt financing process reached a new milestone as the company further de-risks the project” (InvestorIntel, 2013). “At this stage, little is known about the role of Ethiopian banks in the transaction for the loans between Afreximbank and Allana Potash” (Keffyalew, 2013). Allana Potash, a Vancouver-based mining company listed on the Toronto Stock Exchange, is set to acquire financing for its mammoth potash mining project in Danakil Depression in the Afar Regional State of Ethiopia in the order of 11.1 billion birr from the little-known-in-Ethiopia Africa Export/Import Bank-Afreximbank (Seyoum, 2013). “In Ethiopia, we are at the moment looking at potash project. It is about $600 million and we are still at the preliminary stage, but we are positive about that,” said Denys Denya, AfrEximBank’s Executive Vice-President for Finance, Administration and Banking Services” (Andualem, 2013).

Getting power-supply to the Danakil depression:

“The study is initiated by the request of Ethiopotash SC for 70MW of power. Ethiopotash, a company established by Dutch investors, is now managed by Yara International, which, in May 2012, upped its share in the company from 16pc to 51pc. Yara International, the Norwegian fertiliser manufacturer, itself is established with a majority share by the Norwegian government” (…) “The area will get power supply from Mekele, Tigray.

“We have studied all options, but Mekelle is better,” Mekuria said. “Since the area is not included under the EPPCo electricity expansion projects, the company will cover the project cost,” he added. However, both Mekuria and WondimuTakele (Eng), state minister for MoWE, say that it is not yet known how much it could cost supplying electricity to the Danakil Depression. The company wants the power supply to be ready for 2014, according to the company’s request” (…) “The project cost of the Danakil Depression concession could reach two billion Birr, according to Hoslestad” (Mesfin, 2012).

The Yara study itself confirms the mining potential in Ethiopia:

“The independent study identified an annual production of 600,000 metric tons sulfate of potash (SOP) over 23 years from reserves (Kainite, Carnallite and Sylvinite) at Yara’s Danakil concession. The company, which aims to begin mining activities in 3Q, 2018, is now seeking equity partners to develop the project” (Yara, 2015).

The potash from Danakil depression goes further:

“The product will be trucked 790 kilometres to Tadjoura, Djibouti, where the project includes a product storage and handling terminal at the new port currently under construction by the Djibouti Port Authority” (Topf, 2015).

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Allana Potash getting bought by ICL:

On 22nd June 2015 bought the whole company of 100%, even if it had already bought 16.22% in 2014. So ICL bought the rest now in June 2015. With this trade the ICL get rights to develop the Potash project in Danakil depression. ICL has faith in the Ethiopian government and plans for infrastructure to succeed with the development of the potash mines at the sight in the Afar region of Ethiopia.  ICL President & CEO Stefan Borgas, said, “We are delighted to complete our acquisition of Allana Potash and appreciate the strong support of Allana’s Board, management team and shareholders in conducting the process expeditiously. Our purchase of Allana is in line with ICL’s “Next Step Forward” strategy to broaden our sources of raw materials globally and to focus on high growth, emerging markets. Allana gives us a major mining concession in Africa, as well as a talented on-the-ground team with whom we intend to pursue our development of potash resources in Ethiopia. We are excited about the potential of establishing a strong potash platform in the Afar region that will enable us to serve rapidly growing fertilizer markets throughout Ethiopia and Africa, at large, as well as our growing customer base in Asian markets, and which will complement our existing potash operations in Israel, Spain and the UK. We are encouraged by the initial support of our activities by the Ethiopian government, which we trust will be translated into the assistance that we require to fully develop Ethiopia’s natural resources for the benefit of Ethiopia, its farmers and its people, as well as for ICL” (ICL, 2015).

Afterthought:

I won’t write much here now. Because this piece is already at a major size, but I look forward to follow the Danakil Depression and see how this industrial and mining adventure will go. How the companies will earn their cash and how the reports from the area will be. Especially how the Ethiopian government will deliver information on the matter, which will be amazing. Because they keep so much information at bay and never really release anything. Hope you got some knowledge and understand better how this is in Afar Region in Ethiopia. Peace.

Reference:

Topf, Andrew – ‘Study confirms potash potential at Danakil Depression, Ethiopia’ (17.02.2015) Link: http://www.mining.com/study-confirms-potash-potential-at-danakil-depression-ethiopia-96831/

AllanaPotash:

http://www.allanapotash.com/projects/ethiopia/

Yara – ‘Yara study confirms potash mining potential in Ethiopia’ (13.02.2015) Link:

http://yara.com/media/press_releases/1894170/press_release/201502/yara-study-confirms-potash-mining-potential-in-ethiopia/

Ministry of Mines of Ethiopia (Geus) – ‘Potash in Ethiopia’ (December 2010) Link:

http://extra.geus.info/cet/ethiopia/EthiopiaFS_Potash_Web.pdf

Davison, William – ‘BHP Billiton Abandoning Potash Project in Ethiopia’s Danakil’ (09.07.2012) Link:

http://ecadforum.com/articles/bhp-billiton-abandoning-potash-project-in-ethiopias-danakil/

Northern Miner – ‘Allana adds major potash tonnage at Danakil’ (26.06.2013) Link:

http://www.northernminer.com/news/allana-adds-major-potash-tonnage-at-danakil/1002435807/?&er=NA

Rauche, Dr. Henry – ‘PRELIMINARY RESOURCE ASSESSMENT STUDY – Danakil Potash Deposit, Afar State/Ethiopia (01.02.2011) Link: http://agriminco.com/home/ul/Technical%20Report%20(NI%2043-101)%20Danakil%202%20Feb%202011.pdf

NaFinance – ‘Allana Resources Inc’ (2009) Link:

http://www.nafinance.com/Listed_Co/english/allana_e.htm

Mesfin, Mahlet – ‘Ethiopotash Seeking 70MW Dedicated Power Supply to Danakil Plant’ (07.10.2012) Link:

http://www.addisfortune.com/Vol_13_No_649_Archive/Ethiopotash%20Seeking%2070MW%20Dedicated%20Power%20Supply%20to%20Danakil%20Plant.htm

InvestorIntel – ‘Significantly de-risked, potash powerhouse Allana Potash is on the fast track to production’ (25.09.2013) Link:

http://investorintel.com/agbusiness-mmj-intel/significantly-de-risked-potash-powerhouse-allana-potash-fast-track-production/

Gebremedhin, Keffyalew – ‘Axis between Ethiopia-Allana Potash-African Export Import Bank: What cost to Ethiopia?’ – Seyoum, Arat – (23.06.2013) Link:

http://ethiopiaobservatory.com/2013/06/23/axis-between-ethiopia-allana-potash-african-export-import-bank-what-cost-to-ethiopia/

Wanene, Grace – ‘Ethiopia issues potash mining license to Canada’s Allana Potash’ (10.10.2013) Link: http://www.zegabi.com/articles/4772

Mbendi – ‘Allana Potash Announces Approval of ESHIA by Ethiopian Ministry of Mines, Danakil Potash Project’ (22.05.2013) Link:

http://www.mbendi.com/a_sndmsg/news_view.asp?I=134101

Andualem, Sisay – ‘AfrEximBank eyeing $600m Ethiopia potash deal’ (20.06.2013) Link:

http://www.africareview.com/Business—Finance/AfrEximBank-eyeing-Ethiopia-potash-deal/-/979184/1889238/-/6hnpnj/-/index.html

Cumming, Bruce – ‘AgriMinco’s Danakil report to look into mining options’ (18.03.2014) Link:

http://www.stockwatch.com/News/Item.aspx?bid=Z-C:ANO-2156224&symbol=ANO&region=C

ICL – ‘ICL COMPLETES ITS ACQUISITION OF ALLANA POTASH’ (22.06.2015)

WikiLeaks – Rwanda in the 1970s and the Coup d’etat

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This here will be about the coup d’etat in Rwanda in 1973 and the aftermath after it. This information found on WikiLeaks is interesting. Also the way they described the matters and actions on the ground. The way the President Kayibanda lost his power and how the new President Habyarimana took over. Enjoy!

In the Kibuye area there has been huts burning, reports are up to 500 peoples have been killed. Some estimates less and that there has been killed 200 people. On the 9th of March President Gregoire Kayibanda was tired and irritated while meeting with Nuncio at Gitarama. The irritation comes from the envoy from Nyerere that is Nyakyk – that is insisting that all the Tutsi’s should return home. There been Second General Ntalikure that Nyakyk can watch over the countryside with a car to monitor the situation (WikiLeaks, 1973).

On the 23. March 1973 President Kayibanda comments on recent actions in the country.  He issued a statement on radio where he thanked the authorities for their actions. The president focused on that it needed discipline and disloyal acts will be punished. Also talk of Coup d’etat is pointless (WikiLeaks, 1973).

In May in 1973 the situation in Burundi escalated so much that Kayibanda sent minister of international cooperation departed from Kigali in 15th May on a plane to Goma and passing towards to Kinshasa. So that the Government of Rwanda can send a message to Mobutu that they fear for retaliation for the Rwanda refugee attack. Mobutu will understand Government of Rwanda’s innocence while Idi Amin in Uganda will promise to assist Burundi. The Belgian sent two Belgians to Northern Burundi and has reports of killings with arrows and machetes about 50 Tutsi’s and these insurgents are going to Ngozi. The Burundian Refugee Group has entered the country via Butare, this group is supposed to lead by former Burundi Gendarmarie officer (WikiLeaks, 1973).

Spokesman Mandrandele told that Mobutu had a message for Rwanda and Burundi. That Mobutu will mediate between President Kayibanda and President Micombero in the coming OAU. Also with the knowledge of knowing that Amin will intervene on Burundi’s side. Mobutu is clear that no international force should trespass on Zarian National Land or Air space (WikiLeaks, 1973).

Since 25th May the Rwandan radio responded to the attacks calling the Burundian population to liberate themselves. Also the Rwandan radio warned the Government of Burundi to do anything to Rwanda territory. The editorials that the Rwandan radio broadcasted lasted 20 minutes essays that was broadcasted from 25th until the 29th May. Papal Nuncio went to Europe after receiving information that Burundi had sent assassins to terminate him. He went the 24th May. There has also been reported that Perraudin a former secretary to Kayibanda has encouraged that Radio Burundi charged him with killing Tutsis in Rwanda (WikiLeaks, 1973).

The Government of Rwanda has dismissed early 5th July the National Guard. Former President Kayibanda is under “protection” and he is now ousted as chief of state. The General Habyarimana and a high command are running the government. At 1130 the diplomatic missions where invited to give a communique that the guards main point of this change of government was to prevent a “blood bath”. All is silent in Kigali though there is a presence of armed soldiers and especially around the houses of ministers (WikiLeaks, 1973).

The Church in Rwanda had issues with President Kayibanda so on 10. July 1973 the principal priest of Kabgayi (Gitrama) Archdiocese have accepted the guards takeover. This priest turned against the devoted catholic Kayibanda. This also happens with ethnic violence that happens last February and March. CRS Director a French man claims that 100% of the people is happy with the change (WikiLeaks, 1973).

Major Aloys Nsekalije told the German ambassador that in either one or two weeks the cabinet will be named. The German Ambassador Froewis said that the coup had to be planned in beforehand. Nsekalije is denying this accusation. Habyarimana said it happen because being fed up with the “radical” course of the government of Kayibanda. That was with ethnic violence, sending out foreigners, cronyism and inefficiency in actions. Nsekalije said also that the abolishment of the police also triggered the situation because Kayibanda saw this a measure to counter Habyarimana(WikiLeaks, 1973)

After the plan the Belgium mission to Burundi will quit by September 1973. Later the Belgium mission in Rwanda it will stop by the late 1974. Their primary reasons for this the Belgians feels that in both countries there is actively engaged in genocide. They also feel that they can’t be a part of the atrocities happing in both countries. The Belgian military is no longer advising any of the partners (WikiLeaks, 1973).

Now Court Martial has ended. Finally has the Military Court found former President Kayibanda and six former comrades has been also found guilty. They are former State Secretary Nyilibakwe, former Secretary General President Ntalikure, former Director General President Hodari, former Director President Gasamunyiga and Lieutenant Habimana. This sentencing are now before President Habyarimana, that will shortly making an announcement which also will be around the time for the one-year anniversary of the coup d’etat that was on the 5th July. The problem for President Habyarimana is that for some ex-president Kayibanda is seen as father of the country. And it would be seen and be seen by the outside world as a political crime if he execute the ex-president (WikiLeaks, 1974).

On the 5th July President Habyarimana the decision to act on the death sentence of former President Kayibanda. The spirit of the day is supposed to be “reflection and national reconciliation”. In the speech on the radio he introduced it as the second republic. The president also promised that political activities will be by 1978 (WikiLeaks, 1974).

How the Human rights situation in Rwanda after the Coup d’etat:

First to see the context is that the country is ruled with Authoritarian Social tradition and secondly is the issues of the revolution in 1959 – 1961 that ended the 400 year old feudal power structure. That has made changed to society in Rwanda. This has substituted the rule of the majority of the Hutu’s with the minority rule of the Tutsi. Tutsi’s are the losers, they lose their land and homes. Which forces the Tutsi’s into exile. One of the first actions that President Habyarimana took power after sentenced 30 former key members of the former regime. The Coup makers claimed that the former President Kayibanda made ethnic tensions in the country because of the massacres of the Hutu in Burundi in 1972. So now there are now no elections, but local community councils are chosen by a non-partisan vote. President Habyarimana is friends with Mobutu in Zaire and imitates his “Grand Chef” authoritarian style. Still he has a better relationship with Burundian counterpart Bagaza. They also will be a part of Human Rights international because this will open up to donors and aid dollars to the Government of Rwanda. Even though they do this still there are the legal standards in a modern sector. Like violations of prostitutes in Kigali that are rounded-up without due-process. Migrants from rural areas are uprooted from the capital and sent home. President Habyarimana has a five year plan to fix the food security and production in the country. Including in the health, housing, education in the rural areas where 97% of the peoples live. 19% of the budget of the Government of Rwanda goes to the Defense which is mostly to salaries to soldiers (WikiLeaks, 1977).

After three years of implementation of the Communal labor (Umuganda) ministry of plan has said it need more to meet the development needs. The works will focus on the works happening in the areas of hilly Gisenyi and Gikongoro prefectures. They also work for Kigali civil servants, on of the chief activities is to actually making brick manufacturing, fixing roads and coffee cultivation near the Kigali Airport. The minister said that this works was essential to the development of Rwanda. Burgomasters in the rural areas focus on persuasion for the workers then essential to encourage participating in the works. Rwandan Government has rewarded the Communal workers with cutting the work week of its employees from 49hours to 46,5 hours which includes 5 hours of communal labor. The Rwandan Coffee Board – OCIR is giving the producers of green coffee a greater price on it from 80 to 120 Francas a kilo. This is happening because the neighbors of the raise of prices in Zaire and Burundi. The fear from OCIR is that the bigger prices in the other countries they fear that the produce will migrate across the borders (WikiLeaks, 1977).

Reference:

WikiLeaks – ‘KAYIBANDA STATEMENT ON RECENT TROUBLES’ (26.03.1973) Link: https://wikileaks.org/plusd/cables/1973KIGALI00189_b.html

WikiLeaks – ‘Ethnic troubles’ (12.03.1973) Link: https://wikileaks.org/plusd/cables/1973KIGALI00142_b.html

WikiLeaks – ‘Burundi Situation’ (16.05.1973) Link: https://wikileaks.org/plusd/cables/1973KIGALI00319_b.html

WikiLeaks – ‘RWANDA SEEKS MOBUTU’ S MEDIATION’ (17.05.1973) Link: https://wikileaks.org/plusd/cables/1973KINSHA04108_b.html

WikiLeaks – ‘RWANDAN RADIO ATTACKS BURUNDI’ (30.05.1973) Link: https://wikileaks.org/plusd/cables/1973KIGALI00341_b.html

WikiLeaks – ‘RWWNDA NATIONAL GUARD COUP’ (05.07.1973) Link: https://wikileaks.org/plusd/cables/1973NAIROB04358_b.html

WikiLeaks – ‘Rwanda Coup’ (11.07.1973) Link: https://wikileaks.org/plusd/cables/1973KIGALI00430_b.html

WikiLeaks – ‘Rwandan situation’ (17.07.1973) Link: https://wikileaks.org/plusd/cables/1973KIGALI00439_b.html

WikiLeaks – ‘DISCONTINUANCE OF BELGIAN MISSIONS’ (24.07.1973) Link: https://wikileaks.org/plusd/cables/1973STATE145021_b.html

WikiLeaks – ‘ANCIEN REGIME: COURT MARTIAL RECOMMENDS SEVEN DEATH SENTENCES INCLUDING FORMER PRES KAYIBANDA’ (02.07.1974) Link: https://wikileaks.org/plusd/cables/1974KIGALI00400_b.html

WikiLeaks – ‘ANCIEN REGIME FIGURES: DEATH SENTENCES COMMUTED’ (05.07.1974) Link: https://wikileaks.org/plusd/cables/1974KIGALI00406_b.html

WikiLeaks – ‘HUMAN RIGHTS: RWANDA ACTION PLAN’ (18.07.1977) Link: https://wikileaks.org/plusd/cables/1977KIGALI00879_c.html

WikiLeaks – ‘Trends in Rwanda’ (02.07.1977) Link: https://wikileaks.org/plusd/cables/1977KIGALI00671_c.html

Press Release: Right Of Reply: Joint Statement Of The Civil Society Organizations Reference Group (CSORG), Inter Religious Council Of Kenya (IRCK), And The National Council Of Non-Governmental Organizations (NGOs Council) On The Proposed Amendments To The Public Benefits Organizations ACT, 2013

CSO

THE Civil Society Organizations Reference Group (CSORG), Inter Religious Council of Kenya (IRCK), and the National Council of Non-Governmental Organizations (NGOs Council) are perturbed by a statement released by the NGOs Co-ordination Board to the media to the effect that jointly with the Ministry of Devolution and Planning; the Board has submitted proposed amendments to the Public Benefits Organizations (PBO) Act, 2013 to the National Assembly.

EQUALLY disturbing is the claim in the statement that the Task Force on the Proposed Amendments to the PBO Act recommended that the law be amended before its operationalization.

WE wish to state that the overarching recommendation of the Task Force as indeed the overwhelming views collected from stakeholders and the general public is that the  2013 Act be implemented without any further delay considering that it was debated, approved and enacted into law by retired President H.E. Mwai Kibaki on January 14, 2013.

Indeed, in all the public hearings that the Task Force conducted throughout the country, all presentations and memoranda submitted by the various stakeholders were unanimous that only immediate implementation of the Act will help consolidate the gains that Kenyans have made in the exercise of their constitutionally protected rights and freedoms of expression, association and participation in the management of public affairs.

In addition to having representation in the Task Force, The CSORG attended and documented on video and audio ALL its regional and stakeholder meetings apart from a meeting with Members of National Assembly. The CSORG has developed a shadow report based on this documentary evidence. The report demonstrates an overwhelming majority of Kenyans asking for the commencement of the Act without any amendments.

IT is quite telling that while the NGOs Coordination Board went out of its way to enumerate some of the organizations that were represented in the Hon. Sophia Abdi Task Force on the Proposed Amendments to the PBO Act, the Executive Director of the NGOs Coordination Board, Fazul Mohammed found it convenient not to point out that he was the representative of the Board in the Task Force as an interested party and, as such, lost the moral ground to spearhead the implementation of the Act that has been unnecessarily delayed for more than two years.

One of the cardinal values and principles of governance articulated in Article 10 of the Constitution of Kenya 2010 that binds all State organs, including State and Public Officers of who the Cabinet Secretary for Devolution and Planning, Hon. Anne Waiguru and the NGOs Coordination Board Executive Director Fazul Mohammed are an integral part is accountability.

YET despite the clarity of such constitutional ethos of governance, the Cabinet Secretary has once again chosen not to be guided by the obviously compelling right of the public whose resources were spent on the Task Force to make the report public, in complete and arrogant defiance of Article 35 on the right of the public and stakeholders to information.

The CSORG, IRCK, and the NGO Council wish to point out that right from the time of their appointments, the Cabinet Secretary for Devolution and Planning and the Executive Director of the NGOs Coordination Board have acted with such impunity against the civil society as though they are above the law, including the supreme law of the land.

A case in point is the obtaining situation at the NGOs Coordination Board where the term of all Directors save for that of the Executive Director expired in March 2015 yet Fazul Mohammed has the audacity to claim that the “Board reviewed the Task Force Report and recommendations and has since forwarded the proposed amendments to the Attorney General and the Clerk of the National Assembly for inclusion in the Miscellaneous Amendments Bill 2015”.

Mr. Fazul Mohammed owes the public an explanation as to who else, other than himself, sat in the Board that “reviewed the Task Force report and its recommendations and forwarded the proposed amendments to the AG and the Clerk of the National Assembly for inclusion in the Miscellaneous Amendments Bill 2015”. His eloquence when deregistering NGOs for not abiding by “due process” is not matched by due diligence when he purports to be executing decisions of a board that does not exist!

It is the position of the CSORG, IRCK, and the NGOs Council that any decisions that the NGOs Coordination Board has made after the expiry of the term of the Board, including the alleged deregistration of some NGOs, are null and void as it is only the Board that is mandated by the law to make public policy decisions.

The letter and spirit of the NGO Coordination Act of 1990 that established the NGO Coordination Board did not envisage the situation now obtaining at the Board, where one man – Fazul Mohammed sits with the Secretariat and claims that whatever decision is made at such staff meeting is a decision of the Board. There cannot be a Board without directors and Fazul Mohammed should be aware that whatever decisions he claims to have been made by the Board are challengeable in Court.

WE, THE CSORG, IRCK, and the NGOs Council wish to reiterate our demand that the Cabinet Secretary for Devolution and Planning comes out of her self-constructed cocoon of impunity and make the report of the Task Force on the Proposed Amendments to the PBO Act public.

It is only through the immediate commencement of the Public Benefits Organizations Act without unwarranted State-instigated amendments that the civil society can consolidate the gains and deepen its collaboration and respectful partnership with the government in serving the public. Immediate implementation of the law will also go a long way in unshackling the NGOs Coordination Board from the current shenanigans and the one-man show that it has become after the expiry of the term of its previous Board of Directors.

WikiLeaks Series – Pre-2010 General Election in Burundi: Part Two

This here now will be a part of series of WikiLeaks discoveries on Burundi. For people who are not part of the Francophone world a lot of the information here will be new. Therefore I choose to drop it. It will be all pre 2010-Election in Burundi. This series will be directly about the preparation of the 2nd term of President Pierre Nkurunziza and his party the CNDD-FDD. This is part II. Enjoy!

Rebellion in 2007:

“Burundi,s Minister of the Interior, Major General Evariste Ndayishimiye, is investigating reports that former CNDD-FDD party president, Hussein Radjabu, is organizing an armed rebellion against President Pierre Nkurunziza,s government. In Bubanza province, Burundian security forces have already arrested a number of people and seized their weapons in response to accusations of local insurrection” (…) “On April 24, African Public Radio announced the existence of a three hour recording of a Radjabu speech given to representatives of CNDD-FDD,s demobilized soldiers, in which he expressed his desire to start an armed rebellion” (…) “Radjabu,s address detailed plans to install five “Kagabos”, or deputy wise men, in various collines (villages) throughout Burundi. The goal of the Kagabos is to promulgate Radjabu,s plans amongst the people, door to door, and to recruit followers who will “save the CNDD-FDD party from those who are destroying it.” Radjabu characterized the Tutsi CNDD-FDD members as “opportunists” with no party conviction, charging that they lied to Nkurunziza,s government with the intent to destroy the ruling party” (…) “In particular, four months ago, the governor of Karuzi informed officials that Radjabu had authorized a weapons cache within his district. At a CNDD-FDD party meeting in Bujumbura a week later, responding to direct questioning from Radjabu in front of a stadium audience, the governor recanted his earlier statements” (WikiLeaks, 2007).

Aftermath after rebellion of 2007:

“On April 26, former CNDD-FDD party president Hussein Radjabu is appearing for the second time before Burundi,s Prosecutor General in response to a warrant issued against him on April 25” (…) “Radjabu,s appearance before the Prosecutor General is being conducted with very heavy security. The national police are refusing all vehicles, including Radjabu,s convoy, access to the Prosecutor’s compound” (…) “The Burundi national police force has implemented additional security measures throughout Bujumbura to discourage any disruption of national security. A large 24 hour police presence has been established outside of Radjabu,s residence” (…) “On April 24, African Public Radio announced the existence of a three hour recording of a speech by Radjabu to representatives of CNDD-FDD,s demobilized soldiers expressing his desire to start an armed rebellion” (…) “As a current member of Burundi,s National Assembly, Radjabu is entitled to immunity from arrest and prosecution. Radjabu,s earlier release from the prosecutor,s office without substantive action may signal the government,s desire to ensure that all legal obstacles have been removed before Radjabu,s arrest. It is believed but unconfirmed that the Prosecutor General has initiated procedures for requesting Radjabu,s immunity to be lifted” (WikiLeaks, 2007).

CNDD-FDD stalemate peace talks:

“a failure by Burundi,s President Nkurunziza and his ruling CNDD-FDD party to resolve this political impasse would virtually demolish their ability to govern effectively and give impetus to the eddying whispers of possible impeachment proceedings” (…) “Burundi,s election of 2005 resulted in a decisive win for the CNDD-FDD party and its leaders, Burundi,s new President Pierre Nkurunziza and party head, Hussein Radjabu. The ruling government quickly came under fire from FRODEBU and UPRONA. Both loudly claimed that CNDD-FDD was exploiting its clear majority by ignoring the dictates of the Burundi constitution in doling out key ministerial positions, handing them to CNDD-FDD members rather than proportionally to members of other parties, in accordance with election results” (…) “In the wake of President Nkurunziza,s most recent cabinet appointments that again fail to accommodate the demands of the minority parties, there have been renewed calls for action to restore the political legitimacy of the government including, albeit tacitly, whispers of possible impeachment proceedings against the President” (…) “Ngendakumana claimed that FRODEBU is actively working to discredit Nkurunziza,s government, and actively seeking an alliance with the PALIPEHUTU-FNL to advance its political aims during Burundi,s next round of elections in 2010. The CNDD-FDD party head claims that FRODEBU is scared, that the recent success of Burundi,s Partner Roundtable and its potential to dramatically improve the lives of ordinary Burundians will only serve to strengthen President Nkurunziza and his ruling party” (…) “Ngendakumana accused FRODEBU of engineering the recent exodus of the PALIPEHUTU-FNL. Additionally, according to Ngendakumana, FRODEBU believes that CNDD-FDD,s success in the 2005 elections can be attributed, in part, to the existence of a military wing of the party” (…) “According to Ambassador Ngendakumana, the UPRONA party is persistently demanding greater representation at the highest levels of Nkurunziza,s government, despite having already garnered a disproportionate number (15) of high political positions” (…) “Complicating these issues further, some within UPRONA maintain that First Vice President Nduwimana is no longer a member of the party, since he earlier refused to resign his post in solidarity with UPRONA,s stand against Nkurunziza,s government” (WikiLeaks, 2007).

Onesime Nduwimana on the 2010 election:

“Nduwimana characterized the stalemate as primarily a constitutional tug-of-war within Burundi President Pierre Nkurunziza’s government and described the National Assembly as the battlefield” (…) “Nduwimana referred to the constitutional clause that affords the right of political parties to participate in the government, if they desire, provided they’ve received five percent of the vote in the 2005 elections” (…) “Nduwimana, the CEO of a Burundian insurance company, further elaborated on the political quagmire by explaining that the major opposition parties, the Front for Democracy in Burundi (FRODEBU) and Union for National Progress (UPRONA), are exploiting a perceived split in the ruling CNDD-FDD party and its inability to form a majority voting block in the National Assembly to pass legislation”

(WikiLeaks, 2007).

Afterthought:

If the rebellion wasn’t interesting information, then I don’t know what gives. And getting even more knowledge on the pre 2010-Election. There is more coming, peace!

Referance:

WikiLeaks – ‘BURUNDI: TAPE REVEALS RADJABU PLANS FOR ARMED REBELLION’ (25.04.2007) Link: https://wikileaks.org/plusd/cables/07BUJUMBURA306_a.html

WikiLeaks – ‘BURUNDI: RADJABU APPEARS BEFORE PROSECUTOR GENERAL AMIDST TIGHT SECURITY’ (26.04.2007) Link: https://wikileaks.org/plusd/cables/07BUJUMBURA309_a.html

WikiLeaks – ‘BURUNDI’S CNDD-FDD PARTY SEEKS USG HELP IN POLITICAL STALEMATE’ (27.07.2007) Link: https://wikileaks.org/plusd/cables/07BUJUMBURA543_a.html

WikiLeaks – ‘FORMER BURUNDI NATIONAL ASSEMBLY LEADER SPREADS BLAME FOR POLITICAL IMPASSE’ (16.08.2007) Link: https://wikileaks.org/plusd/cables/07BUJUMBURA575_a.html

 

The Release of ‘the Parliamentary Pensions (Amendment) Bill of 2014 – Uganda

Today was a day where the second reading of the ‘the Parliamentary Pensions (Amendment) bill 2014. This was reading today in the Parliament. The bill is for MPs and members of Parliament who is retired and their rights. I will take the most memorable quotes from this. They are let me say it in a nice way – rare and unique for a law text so hope I enlighten you. Here we go!

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