PAR/GEN/2014/11/01 – Letter: To His Excellency the Ambassador of DRC Kampala.

Sam

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Amnesty Press Release – DRC: Belgian mining giant lied over bulldozing homes

24 November 2014

A Belgian mining company, Groupe Forrest International, has consistently lied about the bulldozing of hundreds of homes in the Democratic Republic of the Congo (DRC) and has denied justice to those affected, said Amnesty International today in a new report.  

Bulldozed: How a mining company buried the truth about forced evictions in the Democratic Republic of the Congo provides satellite imagery and other new evidence, exposing how the company’s subsidiary, Entreprise Général Malta Forrest (EGMF), supplied bulldozers that were used to unlawfully demolish homes and forcibly evict hundreds of people living next to the company’s Luiswishi mine in Kawama, Katanga in 2009. It also details how the companies and the Congolese government have obstructed attempts to achieve justice for the villagers ever since.

“There is now overwhelming and irrefutable evidence showing that the forced evictions that Groupe Forrest International has denied for years in fact took place,” said Audrey Gaughran, Amnesty International’s’s Global Issues Director.

“It is shameful for a mining giant to lie and deny people justice. It is time for them to finally come clean and compensate the villagers for what they lost.”

Five years on, the villagers of Kawama have received no compensation. EGMF pulled out from the mining concession in 2012. In recent months, villagers living close to the Luiswishi mine, now owned by the State-owned company Gécamines, have faced the threat of further forced evictions.

The demolitions in 2009 occurred during a police operation to clear the Kawama area of small-scale miners who were allegedly stealing from the copper and cobalt mine.

Bulldozers belonging to EGMF and operated by its drivers destroyed homes and businesses in the three neighbourhoods closest to the Luiswishi mine.

“Some people lost their livelihoods as well as their homes. The impacts are still felt today. One woman, whose restaurant was demolished, told us that she doesn’t have the money to buy enough food to eat and had to pull her children out of school. Proper compensation for villagers would have alleviated a lot of the suffering,” said Audrey Gaughran.

New evidence

Groupe Forrest International has repeatedly claimed that the bulldozers only destroyed temporary homes belonging to small-scale miners and that the demolitions were legal, but Amnesty International has obtained satellite imagery, video footage and the files of a criminal investigation by a government Prosecutor, containing irrefutable evidence that this is not the case.

Satellite imagery shows that 387 structures were demolished in the affected neighbourhoods between 31 May 2009 and 15 May 2010. These structures were present before the influx of small-scale miners to Kawama which prompted the police operation on 24 November 2009.

Videos filmed on that day show the destruction of permanent brick houses, with armed police officers removing villagers, including children, from their homes. This information was corroborated by testimonies given to Amnesty International researchers by residents of the three affected neighbourhoods.

Groupe Forrest International claims that it did not voluntarily participate in the demolitions and evictions. However, the EGMF bulldozer drivers interviewed by the Prosecutor testified that their superiors ordered them to go to Kawama and follow police instructions.

The demolitions took place over the course of two days — the company was aware that they were occurring and had time to protest against the use of its staff and equipment in the forced evictions; it did not do so.

Official cover-up

A government Prosecutor carried out an investigation into the demolitions and tried to bring criminal charges against those responsible. However, he was instructed by officials in Kinshasa and in the provincial government not to do so.

“This is a cover-up by the Congolese authorities. The state has failed its own people by not bringing anyone to justice for these forced evictions and by not ensuring that compensation was paid,” said Audrey Gaughran.

Amnesty International presented its concerns and evidence to Groupe Forrest International prior to the publication of the report but the company denied all responsibility for the events at Kawama, which it blamed on unilateral police action. Efforts by a group of Congolese and international NGOs to seek a resolution in Belgium for the people of Kawama failed; the National Contact Point for the Organisation for Economic Co-operation and Development Guidelines on Multinational Enterprises stated that it did not have the capacity to investigate.

“The people of Kawama have tried for years to find a process that will simply recognize the truth of what happened in their community. Their voices have been drowned out by Groupe Forrest International’s denials. Both the Congolese and Belgian authorities have failed them,” said Audrey Gaughran.

The report calls on the Congolese authorities and Groupe Forrest International to ensure adequate reparation for the people of Kawama, including full compensation for all losses caused by the demolitions and forced evictions. The authorities must bring charges against all those responsible for illegal acts that resulted in human rights violations.

The report also calls on Belgium to review its legal and policy framework to ensure it is able to properly regulate Belgian multinationals – at home and abroad.

Uganda Catholic Lawyers’ Society Statement on the NRM Scheduled Delegates Conference.

14. November 2014,  Kampala.

We, the Uganda Catholic Lawyers Society, in recognition of our profession and conscious of our manifest obligation to put our knowledge, talent and legal professional skills to the service of the Ugandans and aware that Rule of Law andConstitutionalism are the cornerstone of democracydo hereby advise and guide the nation that NRMNational Delegates Conference Scheduled to take place on the 15th day of December 2014 at Mandela National Stadium Nambole would be illegal and therefore null and void in the eyes of the law if the following issues are not addressed before it is held;

1. The resolution by Central Executive Committee (SEC) of the NRM last night that the Constitution of NRM should be changed or altered to the effect that the Secretary General of the NRM party should not be elected but appointed the chairman of the party is unconstitutional and illegal as it contravenes Article 71(d) of the Constitution which makes it mandatory that all members of the national organs of a political party shall be electedand not appointed.

2. The notice dated the 5th day of October 2014which has appeared in various newspapers to the effect that the NRM party intends to change or alter its constitution during its said National Delegates Conference and calling for members’ views on the same is illegal and therefore null and void for the reason that it has been issued and signed by Hon. Dorothy Huhya who is a civil servant (Uganda’s High commissioner to Tanzania) and this contravenes Section 16 of the Political Parties and Organizations Act 2005.

3. The intended change or alteration of the NRMconstitution and including it in the said notice as an agenda for National Delegates Conference is illegal as it has been done without notification of doing so to the Electoral Commission and without the Electoral commission publishing of the same in the Gazette is as required under section 11 of the Political Parties and Organizations Act 2005.

4. The following persons are actively involved in the preparations of the said delegates conference and are slated to attend the same in their capacities as holders various positions within the NRM yet they are Public Servants contrary to Section 16 of the Political Parties and Organizations Act 2005;

NAME POSITION IN PUBLIC SERVICE

1. Professor Mondo Kagonyera Chancellor Makerere University
2. Hon. Beatrice Wabudeya Presidential advisor
3. Abalo Lillian Ongom Presidential advisor
4. Mushemeza Elijah Presidential advisor
5. Ofwono Opondo Executive director Media Centre
6. Denis Namara Presidential advisor
7. Dorothy Hyuha High commissioner Tanzania
8. Rtd Major General Matayo Kyaligonza Ambassador to Burundi

5. NRM has been holding all its Central Executive Committee (SEC) meetings since inception including the one that resolved to convene the said scheduled National Delegates’ Conference at State House Entebbe or Nakasero which is an abuse of public resources and illegal as they contravene Articles 17(d) and 164(2) of the constitution.

6. During the NRM parliamentary caucus workshop in which President Museveni was recommended to the said scheduled National Delegates Conference as the for 2016 presidential elections all MPs who were in attendance were given and forced to wear the UPDF uniform contrary to Section 164 of the UPDF act.

7. The NRM’s continued use of the name “NATIONAL RESISTANCE MOVEMENT (NRM) ”as its political party name is illegal and in contravention of Section 8(c) of the Political Parties’ and Organizations Act, 2005 since“ NATIONAL RESISTANCE MOVEMENT {NRM) was declared to be a statutory body in the case of Ssemogerere v Attorney General.

From the above mentions ground its clear that the preparations and proceedings leading to the scheduled National Delegates’ Conference are tainted with illegalities and holding the said delegates conference without rectifying the said mischief complained of herein will make the said delegates conference and its proceedings not only illegal but void abnitio.

Jude Mbabaali (Advocate) Ssemwanga Fredrick (Advocate)
PRESIDENT SECRETARY

Jude Mbabaali (Advocate & Commissioner for Oaths)
(LLB)(MUK), BSc(MUK), Masters-Human Rights, Dip. Legal Practice(LDC).
President-Uganda Catholic Lawyers’ Society.
Managing Partner, Mbabaali Jude & Co. Advocates
1st Floor, Suite No. 14 Pope Paul (VI) Memorial Hotel Complex, Plot 786/7 Cardinal Nsubuga Rd, Rubaga, P.O. Box 14326, Mengo Kampala, Uganda.
Mobile Tel: +256 772 444 663. Office lines: +256 702 444 663, 0792444663.
Email:mbabaalij@yahoo.com.

Sam Mugumya Updates!

DRC

http://www.youtube.com/watch?v=iy3eAFyJorY

Press Release: High Level Mission calls for more Humanitarian engagement in Chad

Chad

SC/11658-AFR/3023-PKO/453: Security Council Press Statement on Darfur

19. November 2014 – UN Security Council – Press release: 

The following Security Council press statement was issued today by Council President Gary Quinlan (Australia):

The members of the Security Council expressed their concern at the allegations reported in the media of mass rape in Thabit, North Darfur, on 30 and 31 October 2014.  They called on the Government of Sudan to conduct a thorough investigation into these allegations.  They called on the Government of Sudan to fulfil its obligation to allow, in accordance with the Agreement between the United Nations, the African Union and the Government of Sudan concerning the status of the African Union-United Nations Hybrid Operation in Darfur (UNAMID) and relevant United Nations Security Council resolutions, the full and unrestricted freedom of movement without delay throughout Darfur to UNAMID, so as to enable them to conduct a full and transparent investigation, without interference, and verify whether these incidents have occurred.  They further called on the Government of Sudan to ensure accountability, if the allegations are verified.

They noted that proper access to Thabit and its population for UNAMID is essential to conducting a full investigation into the allegations in order to determine their veracity and, if verified, to ensure accountability.

Amuru Woman MP by-Election – Aftermath.

The Inter Party Coalition (IPC) candidate Lucy Akello has been announced the winner of the Amuru Woman MP by election.

“According to results obtained by radio Rupiny from The Amuru district Electoral Commission Office Lucy Akello got 7420 votes and the National Resistance Movement (NRM) Party Candidate Jane Francesca Amongin Okili (NRM) got 6701 Votes” (Radio Rupiny)

“The National Resistance Movement (NRM) party has attributed their defeat in the Amuru parliamentary by elections to the heavy rain and missing names of voters” (..)”Sam Engola the State Minister for Lands, Housing and Urban Development says most of their supporters did not cast votes because they were cut off at home by rain” (…)”He says some of them did not also find their names on the voters register” (Radio Rupiny)

Lucy Akello of the Forum for Democratic Change (FDC), who was the joint opposition candidate polled 7420 votes against her arch-rival Jane Francesca Amongin Okili of NRM who got 6701 votes

Corruption ahead…

I am back at telling tales from the last week. That involves corruption or allegetion of it. Some will be big news. Other will be quotes from people who knows their dirt. And for those who follow these people. Will have a little laughter today. But this all is all part of giving a little enlightenment on a subject which should be taken serious everywhere. Because if we believe trading and sharing goods in a certain way, then it has to be done right. So all the actors and benefiters from lowest level to highest part of the hierarchy. Should get their shares of the spoils and gains of a product that have been sold. Not just the mid-level or the ones that are giving opportunities to exploit the market. Like civil servants, corporate officials or daughters of presidents. Either I am sidelined by my ideals or completely wrong, but that is up to you! So here we go…

2 Cents on FIFA:  

The recent week we have read about the FIFA and Sepp Blatter. How they have made a fantastic fairytale report of the bids for 2018 and 2022 Football World Cup competition. That both Russia and Qatar won. Everybody knows by now the legitimacy of the international governing football body. FBI has even started to investigate the governing body to look into it. I will not talk about that today, other corruption cases that need a tiny view and perspective to prove that there other crooks out there… or people trying to earn legal tender on a pursuit to happiness without a real cost. And then get the fed some extra bucks for doing so.

Telenor in a Uzbekistan business issues:  

Telenor the Norwegian state-owned telecom company under fire again. Økokrim the Norwegian Special Police Unit on Economic Crimes has already had the director Baksaas in for questioning. This corruption issue is because of the deal between Vimpelcom and Telenor in Uzbekistan. Also the Council leader Svein Aaser and Commerce Minister Mæland has only been questioned by the Special Police Unit on Economic Crimes (Tv2.no, 2014).

 VS

The Real Baltimore:

This isn’t HBO’s ‘The Wire’. No Avon or Stanfield, but instead the gangster named Tavon White leader of the Black Guerrilla Family (BGF). White has made a plea deal where shaved off a few years on his time in the correction facility at Baltimore City Detention Center. Mr. White could tell stories where they got charged with racketeering. The number of defendants is 8 people – 5 of them correction officers and also a kitchen worker. And it was a wiretap that could also tell the stories for Mr White. Defense attorney could also tell that the administration of the correction facility was corrupted and therefore looked to the blind side of the business lead by inmates. Tavon White is the living Avon Barksdale (Fenton, 2014).

Romania:

The Chief Prosecutor Alina Bica has been taken into custody by anti-corruption agents. “The case is part of an investigation that so far extends to two of Bica’s former colleagues as well as at least one businessman and an ethnic Hungarian MP”. So this is just so wonderful the head that is heading the business of cracking the illegal business down. Is she into custody and has to answer for corruption… (Euronews, 2014) Wonderful world!

Uganda’s President Museveni talks:

“Corruption and maladministration are inconsistent with the rule of law for which we fought and the fundamental values of our constitution.  They undermine the constitutional commitment to human dignity, achievement of equality and the advancement of human right and freedoms. If corruption is allowed to go unchecked and unpunished, it will pose a serious threat to our country” (…)”Having independent offices will save auditors from sitting with people they audit every day, which risks compromising auditors and luring them into corruption” (…)”It is pleasing to note that Uganda is one of the few countries in Africa and the world which has fully complied with the UN resolution. This is not an accident, but our deliberate commitment to support institutions responsible for ensuring a corrupt free county” (Baguma, 2014).

In Ghana another story is happening:

Elizabeth Ohene the former Minister of State was attending a Occupy Corruption event at Christ the King Hall in Accra. She was saying at the event: “It seems to me that stealing is for little people, small people, and corruption is for the big people” (…)”When they say you’re corrupt, you’re invited to be chairman of the church harvest and when they say you’re a thief, you go to jail” (…)”Let’s call a spade a spade” (Ghanaweb, 2014).

Well, if those stories, events and quotes don’t give you a peace of mind or make your mind wonder where we going in this world. I don’t know. Telenor has a history of involving themselves into corrupted behavior so that they get a quick earned buck in a new market. FIFA has gotten the world running wild. So I will not at this moment address them. Avon Barksdale made a plea deal, sorry, my bad, Tavon White has told through a wiretap and also plea deal that he actually could lead 8 people in and also proves corruption at a Baltimore detention center. Museveni talks crap today – we all know the stories and recently are with the Oil industry and also the road building to Katosi Road Saga. Elizabeth Ohene tell us that in Ghana there is a difference between small peoples crimes and big peoples corruption. Mrs Ohene I can tell, its world wide, it’s just more obvious some places.

Peace!

Links:

Baguma, Raymond – ‘’Unpunished corruption a threat to the country’’ (21.11.2014) New Vision Uganda, Link: http://www.newvision.co.ug/news/662081–unpunished-corruption-a-threat-to-the-country.html

 

Euronews – ‘Irony as organised crime prosecutor arrested for corruption in Romania’ (21.11.2014) Link: http://www.euronews.com/2014/11/21/romania-organised-crime-prosecutor-arrested-for-corruption/

 

Fenton, Justin – ‘BGF leader at city jail to testify for government at corruption trial’ (19.11.2014), Baltimore Sun

Link: http://www.baltimoresun.com/news/maryland/crime/blog/bs-md-ci-bgf-trial-opening-statements-20141119-story.html#page=1

 

GhanaWeb – ‘No difference between corruption and thievery – Elizabeth Ohene’ (21.11.2014) Link: http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=335903

 

TV2.no/NTB – ‘Telenor-sjefen: – Vi har nulltoleranse mot korrupsjon’ (19.11.2014) Link: http://www.tv2.no/a/6252338

Police deploys to avert chaos at Ministry of Foreign Affairs

The Uganda Police Force has deployed at Ministry of Foreign Affairs today 20th November 2014 at 10:00am to prevent chaos from demonstrators.The demonstrators were led by Dr. Kizza Besigye, Mayor Munyagwa Mubarak, Hon. Mathias Mpuga and Ingrid Turinawe among others.The Ministry of Foreign Affairs had not been given notice prior to the demonstration neither was the police. The demonstrators safely returned to the premises and calm has been restored at the Ministry. The police continue to encourage the public to desist from getting involved in any form of unlawful assembly.

SSP Namaye Polly
Deputy PRO
20th November 2014

Amuru woman MP by-election – Final tally!

 

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I know, I don’t usually use Facebook as sources(and do that with pride). But here was quickest updates of the great news. NRM lost a by-election in Amuru District to FDC! Look forward to get them from official sources though maybe tampered by the EC like they always do!

Peace.