Opinion: My 2 Cents on why the African Nations leave the ICC or want to!

 

“A founding signatory of the Rome Statute, on ICC: Yes we should be out of the ICC. ICC is not serious. It is partisan. There are so many people who should have been tried if they were serious. The way to go is to have our own African Criminal Court. Trying to work with ICC was a mistake” – President Yoweri Kaguta Museveni [at the Second #UGDebate on the 13^th February 2016]

As Washington is shocked by the recent events, that the International Criminal Court which is stationed in The Hague and the Netherlands; where they ironically are closing down prisons because of lacks of criminals. The International Community and the African Nations are triggering the Article 127 of the Rome Statute of 1997 to Withdraw from the honourable justice chambers of this so-called earth. There is certain reflections and vivid reasons for why this is happing. And I will try to sort it out, the Westerns and Europeans, even some Americans might be offend, but still carry it and take it for what it is.

“In June 2009, Comoros, Djibouti, and Senegal called on African States Parties to withdraw en mass from the Statute in protest against allegations that the ICC was targeting Africans. This declaration was specifically in reference to Sudanese Pres. Omar al-Bashir’s indictment” (Mbaku, Weber State University).

The ICC is not a pre-historic relic of the European Colonial past, still the actions of is of a seemingly imperialistic affair where the smaller newer nations and less resourceful have been targeted at much higher extent than the ones of more sophisticated countries who are not former colonialized. That is a fact and not NRM fiction. Just a certainty that the further hurt the African sovereign nations that they even has Executives under the microscope for their actions while Tony Blair and George W. Bush walks around like Kings on this earth. It’s not like the powers to be, touches the big-men from there, but around the corner they get taken away quicker than ice-cream on a hot-summer-day.

Not that the men and woman who has been questioned and been under investigations has been involved in crimes and activity against the humanity. They have and many using child-soldiers, used ethnicity to win power and even some killings to the level of genocide.

“Article 127

Withdrawal

1. A State Party may, by written notification addressed to the Secretary-General of the

United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.

2. A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective” (ICC, P: 74, 2011).

Burundi withdraws:

“President Pierre Nkurunziza, who critics accuse of human rights abuses, signed a decree late on Tuesday that paves the way for his east African nation’s departure from the court. His decision comes at time when the ICC is conducting a preliminary investigation into politically motivated violence in Burundi in which several hundred people died” (Alionby, 2016).

South Africa withdraws:

“Under the Rome Statute, the 2002 treaty that established the court, countries are obligated to arrest anyone sought by the tribunal. “Legal uncertainty” around the statute blocks South Africa from resolving conflicts through dialogue, including inviting adversaries for visits, Justice Minister Michael Masutha said, and handing over a foreign leader to the court would have amounted to an infringement of South Africa’s sovereignty” (…) “The Rome Statute “is in conflict and inconsistent with” South Africa’s law giving sitting leaders diplomatic immunity, Mr. Masutha said at a news conference on Friday. The question is before the country’s high court” (…) “Foreign Minister Maite Nkoana-Mashabane this week formally notified the United Nations secretary general, Ban Ki-moon, of South Africa’s intention to withdraw from the international court. Leaving the body would take about a year, during which South Africa would still have to cooperate with the court’s proceedings”  (Chan & Marlise, 2016).

This is happening while the ICC has asked for Nations who has signed up for the Rome Statute and the ICC. This has been South Africa, Rwanda, Burundi and Kenya. The Non-compliance documents of Djibouti and Uganda has even come in 11^th July 2016. The Arrest Warrant on President Omar Al-Bashir we’re set on 4^th March 2009. There has gone 7 years has passed and his still roaming around with countries willingly delivering “non-compliance” documentations to the ICC for their non-cooperation towards them.

There are more running cases on the continent… some of them are:

“The ICC Prosecutor has opened cases against 26 individuals in connection with five African countries. Twenty-five of these remain open; the 26th, against Darfur rebel leader Bahar Idriss Abu Garda, was dismissed by judges, though the prosecutor may attempt to submit new evidence in an attempt to re-open it. The cases stem from investigations into violence in Libya, Kenya’s post-election unrest in 2007-2008, rebellion and counter-insurgency in the Darfur region of Sudan, the Lord’s Resistance Army insurgency in central Africa, civil conflict in eastern Democratic Republic of Congo (DRC), and a 2002-2003 conflict in the Central African Republic. The Prosecutor is also examining 2010-2011 violence in Côte d’Ivoire, a 2009 military crackdown on opposition supporters in Guinea, and inter-communal violence in central Nigeria, but has not opened formal investigations or opened cases with regard to these situations. Uganda, DRC, CAR, Kenya, Nigeria, and Guinea are states parties to the ICC. Sudan, Libya, and Côte d’Ivoire are not. ICC jurisdiction in Sudan and Libya stems from U.N. Security Council actions, while jurisdiction in Côte d’Ivoire was granted by virtue of a declaration submitted by the Ivorian Government on October 1, 2003, which accepted the jurisdiction of the Court as of September 19, 2002.25 Five suspects—four Congolese nationals and one Rwandan—are currently in ICC custody. The ICC Prosecutor has sought summonses, rather than arrest warrants, in connection with attempted prosecutions of Darfur rebel commanders and of Kenyan suspects. The Prosecutor has not secured any convictions to date” (Congressional Reaserch Service, 2011).

The Kenyan case we’re like the Prosecutor said wasn’t done, but for now there wasn’t able to follow through on evidence and make a case worth living. That is me translating the jurors lingo. The IGAD communique on the 6^th April 2016: “The Intergovernmental Authority on Development (IGAD) joins Kenyans of all walks of life to rejoice the collapse of cases against the Deputy President, H.E. William Samoei Ruto and his co-accused, radio journalist, Joshua Arap Sang at the International Criminal Court in The Hague yesterday” (…) “It would be recalled that IGAD had condemned the way the ICC had handled the Kenyan cases from the beginning. During a press conference held in Nairobi on 22nd March 2011, Amb Mahboub stated clearly IGAD’s position on the deferral request of the ICC cases by Kenya pointing out that the trials would “weaken the country and weaken the region” (IGAD, 06.04.2016).

The Kenyan government President Kenyatta the day before on the 5^th April 2016:

“Earlier today, Trial Chamber V (a) of the International Criminal Court acquitted my Deputy President, Honourable William Ruto, and Mr. Joshua Arap Sang. I welcome the aforementioned decision, which reaffirms my strong conviction from the beginning about the innocence of my Deputy President. From the start of this case, I have believed that this case was ill-conceived and never grounded on the proper examination of our experience of 2007/2008 as a nation” (…) “Each and every Kenyan was touched by the tragedy that befell our nation in 2007-2008. Each and every victim of this unfortunate happening matters. Not one of them has been forgotten. Their suffering demanded of us as leadership to seek reconciliation. My Deputy and I campaigned and were elected on a platform to unite and reconcile our motherland. When you entrusted the leadership of the country to our administration, you made us responsible for the healing and reconciliation of our people” (Kenyatta, Uhuru – ‘H.E. Uhuru Kenyatta Statement on ICC verdict on the Ruto and Sang Case’ 05.04.2016).

So with this in mind, the Kenyan Government have been thoroughly investigated by the ICC recently over time since the ICC charged people close connected to the current leadership and government. They even at some point had a case against the Kenyan President Kenyatta, but they let it slide because they got no witness angle on him. The Jubilee has fought back and has done their duty towards Courts. Still the wound of charges, the appearance and the trial has hurt.

The newest ICC cases into Africa is the post-election violence where even the Parliament we’re put on fire.  “In the letter of referral to the ICC signed by Gabon’s Justice Minister Denise Mekamne Edzidzie, the government accuses Ping and his supporters of incitement to genocide and crimes against humanity” (…) “It highlights a speech which Ping gave during his electoral campaign, in which he allegedly called on his supporters to “get rid of the cockroaches.” (…) “These words were an incitement to commit the crime of genocide,” the letter says” (France24, 2016). The Gabonese Authorities tries to pin it on the Opposition as the election rigging made the public mad and not just the supporters of Jean Ping. If the ICC uses this opportunity not to pin it on themselves as the Second Generation for life President Bongo!

African Union Letter to the ICC on the 29^th January 2014:

So the long-stemming grievances are now coming into effect. The feeling of being targets while others walk scotch-free. The inaccurate acts of being the main ones, even as the violence, genocides and crimes against humanity happen; the leaders don’t want a hanging gallows over their heads. Still, the acts of many current Presidents and their Regimes are using armies like Ethiopia against civilians. If they weren’t a strong ally of the United States, they would have a cherry to pick at the courts. President Museveni fears for place, the same should President Mugabe that never been for the Gukurahundi massacres we’re Zimbabwean Republican Police killed 20,000 people. These are men who fear the ICC and would do what they can to not be touched by their current sins and the ones of old.

Sudan, the country of President Omar Al-Bashir has said this in the recent our about the matter:

“This wise decision is established by the Republic of Burundi on objective grounds that the so-called International Criminal Court has become a tool of pressure and instability in the under-development countries. Further, the opening of investigations against some leaders is a result of pressures exercised by the western force,” the statement cited by the Sudan Tribune said” (Akwei, 2016).

So the country who has the Executive under charges, the other one of late has been forces away from power, but still men who was in charge of their respectable nations President Laurent Gbagbo who have now recently been in trial at ICC:

“On Thursday, Mr. Gbagbo, the former president of Ivory Coast, will go on trial at the International Criminal Court in The Hague, facing four counts of crimes against humanity stemming from the violence surrounding the 2010 presidential election. He was narrowly defeated in a runoff, but he insisted that he had won and refused to cede power, leading to months of turmoil and the deaths of more than 3,000 people before his arrest in April 2011” (…) “The trial of Mr. Gbagbo is an important challenge for the International Criminal Court. He is the first former president to reach trial at the tribunal, which has been in operation for a decade with a mandate to deal with war crimes and genocide. Also on trial with him will be Charles Blé Goudé, one of Mr. Gbagbo’s militia leaders in the 2011 upheaval, which followed more than a decade of ethnic political violence in Ivory Coast” (Rothschild, 2016).

So with this in mind, he isn’t a guerrilla fighting with child-soldiers like the ones charged by the ICC when coming to Lord Resistance Army and others who has been charged for violations against humanity in the ICC. These being Bosco the Terminator from the Democratic Republic of Congo, also that the former Vice President of Pierre Bemba of the MLC has been charged for his crimes, while his President Joseph Kabila walks free for his sins. This proves the neglect and the handpicked cases of the ICC. Reasons why the African Union and others are claiming so, partly righteous, partly wrong! The key to this, if the ICC want to be serious as an International legal institution… it needs cases and probes into states in Europe, America and Asia; not only War-Lords in Africa. That is just Neo-Colonialism and proves the questionable attributes to the character of the laws and big-man politics of the world. Peace.

Reference:

Akwei, Ismail – ‘Sudan urges mass African withdrawal from the ICC’ (21.10.2016) link: http://www.africanews.com/2016/10/21/sudan-urges-mass-african-withdrawal-from-the-icc/

Alionby, John – ‘Burundi becomes first nation to quit International Criminal Court’ (19.10.2016) link: https://www.ft.com/content/ce408588-95bf-11e6-a1dc-bdf38d484582

Chan, Sewell & Simons, Marlise – ‘South Africa to Withdraw From International Criminal Court’ (21.10.2016) link: http://www.nytimes.com/2016/10/22/world/africa/south-africa-international-criminal-court.html?_r=0

Congressional Research Service – ‘International Criminal Court Cases in Africa: Status and Policy Issues’ (22.07.2011) link: https://www.fas.org/sgp/crs/row/RL34665.pdf

France24 – ‘ICC opens preliminary probe into Gabon unrest’ (29.09.2016) link: http://www.france24.com/en/20160929-icc-opens-preliminary-probe-situation-gabon

Mbaku, John Mukum – ‘Africa’s Case Against the ICC’, Weber State University

 

Rothschild, Saskia de – ‘Trial of Ivory Coast’s Laurent Gbagbo Will Test International Criminal Court’ (27.01.2016) link: http://www.nytimes.com/2016/01/28/world/africa/ivory-coast-laurent-gbagbo-hague-trial.html

 

International Criminal Court – Rome Statute of the International Criminal Court (17.07.1998 in force on 01.07.2002) Copyrighted 2011

Dr. Kizza Besigye’s Independence Day Celebration Message on the 54th Independence Day (09.10.2016)

Under a normal political situation, a nation’s day of independence should be euphoric: citizens and leaders alike join together to celebrate their triumph overcolonialism, remembering the day when they became a nation led and governed by their own with their mandate.

Frankly, Uganda’s independence heroes had a natural and legitimate right to free Uganda from a century of British dominance. Colonialism had many unacceptable effects that took away many citizenship rights; political rights to determine who governs them, economic rights to determine who controls their resources and use them equitably and have control over state institutions that served the rulers than the people. The most pernicious effect of colonialism was the control of the mind and distortion of our culture creating in the people a slave mentality.

In 1962 however, we inherited a functioning, though enclave, economy with an effective transport (road and rail) system, sufficient hydro electric power supply, a sizeable extractive and manufacturing industry, a strong agricultural sector and functioning social services.

Post colonial Uganda has however not only maintained the inherited political system that denies citizens the fundamental rights and freedoms and maintained the slavery mentality maintaining a master – slave relationship , it has also destroyed the enclave economy, destroyed agricultural production , infrastructure, social services and the extractive and manufacturing industry. It also introduced and entrenched corruption, nepotism, tribalism, cronyism etc. As a result, Uganda’s 54 years have been marked by : Political instability (no leader has handed power to another leader), violence, a failed economy and social strife. The duty of our people now therefore to reclaim the country to get back our rights, freedoms and resources through struggle and hence the DEFIANCE CAMPAIGN; the people’s non violent struggle. This will lead to a post NRM transition in which we shall carry out Constitutional Reforms, Rebuild State Institutions, engage in Truth Telling, Accountability and Reconciliation followed by Free and Fair elections.

As Ugandans, we have a solemn duty to reverse the plunder and destruction of our country. We must realise though that this call to national duty is not a call to an easy task. It has to start with changing people’s mindset and perceptions about national and state power relationships. The process can only be difficult if people submit. We have to defy and refuse to cooperate with the dictator. The more we cooperate, the more he enjoys the use of tools of coercion and maintains the illegitimate rule over us.

Luckily, like it has been in all societies where people have had a demand for standing up for their rights to defy and defeat dictatorship, Ugandans are resiliently focusing their energies on dismantling NRM and Mr. Museveni dictatorship. I see many organised groups of Ugandans that have taken on the call to bring about change in our country. We can only join them. Then Ugandans will truly celebrate independence.

Col.(Rtd) Dr. Kizza Besigye
People’s President

Dr. Kizza Besigye statement on the conduct of the 2016 presidential elections (Youtube-Clip)

Dr. Kizza Besigye’s  message from House Arrest in Kasangati in Wakiso on the outskirts of Kampala. Listen to it! As we mourn the results and the way the Electoral Commission has taken the power of the People and given way to the President Museveni yet again. This message from the People’s President is deep and strong. A worthy message from a great man! Peace.

The Curious Case of Tamale Mirundi

The former mouthpiece of Yoweri Kaguta Museveni, the former Presidential Press Secretary Tamale Mirundi who has ever since been sacked by the State House he has been all around media blasting and commenting on politics. This has now been seen by the Uganda Communication Committee (UCC) as a volatile and meager expression of language and profanity that the media doesn’t need. This happens only two days after he appeared on AmamaRadio. He has been on NBS TV and WBS, also certain radio station talking ever since his sacking. Let’s look a bit on the fellow mouth-piece!

Some older news on the man:

In 2009 these reports came:

“FM radio campaigns by John Tamale Mirundi, encouraging squatters to attack land owners. Mirundi uses Star FM, TOP Radio and other FM stations to tell his targeted listeners: “When those land owners bring court brokers or surveyors and try to evict you, defend your selves. Be ready to use pangas (machetes), sticks and fire to get rid them.” In the last two months, mobs of bibanja holders have murdered two landlords in Bugerere county alone” (…)”As Mr. Museveni’s Presidential Press Secretary, Tamale Mirundi is widely believed by rural land squatters to be speaking on behalf of the Ugandan strong man. The emerging consensus among Buganda analysts is that president Museveni may be creating the terror because Mmengo seems to have successfully blocked his Land Act Amendment of 2009 the way they did with the his Regional Tier” (Kabaka Concern, 2009).

Here are some wonderful quotes in defense of the former chief and head of state Musveni:

“The President doesn’t have a key to State coffers. If there is extravagance, the MPs should be the ones to blame” (…)”They should tell us why they keep approving this money. And before they accuse the President of being insensitive to the needs of the people, let them come to Parliament on bicycles and cut their salaries” (…)”He must see what is going on, that is why under the Constitution he is obliged to take over the administration of a district if things are not going well” (Kiwanuka, 2011).

Also in 2011:

“Mashate’s case involves the government, so I’m not the right person to comment” (…)”“I’m not Museveni’s lawyer to know why the amount of money involved accumulate” (…)“I have to look for Museveni first before I can comment” (…)”The President’s office is not like a headmaster’s office. I am a highly trained journalist, I know you journalist what you want” (BlackStarNews, 2014).

In May 2013 Mirundi said this and did that:

“Sources have told us Mirundi was linked to Sejusa through the general’s phone call logs, which security operatives retrieved. Mirundi was reportedly asked to explain why the general was calling him regularly”. About that Mirundi said this: “They checked his (Sejusa) phone [numbers he has been dialing] and found out that I am one of the people who have been calling Tinyefuza.“I told them that ‘Yes Tinye is my friend and that I have been calling him.’ They later left” (UGO, 2013).

He said this in 2014: “spends hours… abusing members of parliament, abusing everybody and he says he is the president’s dog… the only person he spares is the president!”

“When Tamale was managing The Voice newspaper over ten years ago he failed to pay his workers numbering 17. Three of them, including his cousin Felix Kyeyune, sued him and the money (Ush 5m each plus legal fees) was paid just as the bus to take Tamale to Luzira prison waited outside courtroom in Mengo, a Kampala suburb” (Odinga, 2014).

In July 2014 he said this:

“My contract ended. It is now up to the president to either renew it or not” (…)”I entered State House when I had one suit. But look at what I have achieved. The President educated me and my children in some of the best universities in Scotland” (…)”Even if my contract is not renewed, I will not complain. I can assure you that I will never attack Museveni when I am outside State House” (Lumu & Anyango, 2014).

Salary he had in the FY 2014/2015:

What did he earn during the last budget FY 2014/2015 while being a statehouse employee that was the net sum off US$ 9.846.672, and monthly salary we’re US$ 8.20.566. If I calculate this salary with exchange rate in November 2014 the UGX that would make that year’s salary: 27.078.348.000 Uganda Shillings that is if the exchange rate is on the level of 24. November 2014; when it was 2750 to one US dollar; so he we’re surely more paid then the average Ugandan in that financial year.

In April 2015:

“Mirundi reportedly singled out Kabiito for his handling of a case in which Cairo International Bank was challenging its prosecution in the Anti-Corruption court in regard to the theft of an estimated Shs 169bn meant for pensioners” (…)”Musota said Mirundi took issue with the judge’s handling of a case involving 1,000 former spies who wanted their retirement benefits worth about Shs 39bn paid. According to Musota, what angered Tamale was the judge’s rejection of an application by the Inspectorate of Government (IG) that sought to block the payments” (Kiyonga, 2015). Tamale Mirundi said this about it: “Those judges are suffering from colonialism. They think they are important but they are not important, they are just servants of the people and as long as they are corrupt, we shall talk about them” (…)”By the mere fact that they have reacted to my statements, that is an indication that I have defeated them. If they think that I’m guilty of anything, let them sentence me to death” (…)”I want Kabiito to tell me how I got his judgment [of Cairo bank] before he could read it out. I’m sure it wasn’t written by him and I have evidence to that effect. I just don’t talk without any proof”. He also laughed off the judges’ call for his firing’” (Kiyonga, 2015).

 

In May 28^th 2015:

“President’s Press Secretary, Joseph Tamale Mirundi, has been appointed as an advisor to the cabinet of Isaabaruuli Mwogezi Butamanya, the Baruuli cultural leader” (…)”Buruli chiefdom based in Nakasongola District, like Banyala chiefdom in Kayunga District, isn’t recognised by Buganda Kingdom and they have been on collusion course which has sometimes led to deadly riots” (Kaweesi, 2015).

And then he has since gone like every day said something vile on NBS as a commentator on the Campaigns and Politics. Trying to sound wise, but instead becoming a side-show and that is attacks on everybody from Bebe Cool, Dr. Tanga Odoi, Amama Mbabazi, Gilbert Bukenya and so on. The list is longer then the so called Membership register of the NRM that they said at one point they didn’t have before the NRM Primaries. Well, see why I took pieces of his history. Continue to look!

Today:

Uganda Communication Committee chairman Godfrey Mutabazi has said today after Tamale Mirundi in the recent weeks actually was on a show for AmamaRadio. Mr. Mutabazi said to the press: “The language used doesn’t deserve to be on the airwaves. The commission therefore directs you to stop broadcasting such programs with immediate effect” (…)”Some stations have written to us acknowledging the concern and promising to restrain their guest from such conduct” (NewVision, 2015).

Later today because Tamale Mirundi has a show on Radio Star 87,5 FM have been switched off or taken cutting their sender after the report and statement from UCC. The transmitter from the station has to be muted as a reaction to the UCC threat earlier.  

He must have said something profane and vile that makes UCC react like this. We all know that he have after being fired… spoken wildly on every political topic on every format possible in country. They must be listening to you “mute” since July and since he dropped his wit on certain newly founded opposition campaign radio-station AmamaRadio. AmamaRadio the lamest name for a radio; where he must has said something hurtful spiteful crap that is more hunting then calling a political person a walking coffin or Museveni all-of-sudden is not the revolutionary mind that Tamale Mirundi always have claimed. Right?

An UCC has made Uganda and its ruling party and its leadership proud! Yep. The all-time and lifelong legacy of the President Museveni; I am sure the UCC is as afraid of somebody as the Electoral Commission is at the point. We have seen Kiggundu recently act upon Amama Mbabazi and Dr. Kizza Besigye and now Mutabazi acting as an arm of the NRM. Not surprising, it’s expected, right?

Peace.   

Reference:

Committee on Presidential Affairs Meets the Office of the Precidency – (19.03.2014)

BlackStarNews – ‘U.K. Court Says Publisher’s Multi-million Dollar Case Against Gen. Museveni Still Active’ (27.11.2011) link: http://www.blackstarnews.com/others/extras/uk-court-says-publishers-multi-million-dollar-case-against-gen-museveni-still-active

‘Kabaka Concerned, Museveni and Mirundi Promoting Landlord Murders’ (27.08.2009)

Kaweesi, Samuel – ‘Tamale Mirundi appointed advisor to Buruuli Kingæ (28.05.2015) link: http://www.monitor.co.ug/News/National/Tamale-Mirundi-appointed-advisor-to-Buruuli-King/-/688334/2732166/-/gjeoad/-/index.html

Kiwanuka, William Kituuka – ‘TAMALE MIRUNDI REASONS CHILDISHLY’ (22.07.2011) link: http://williamkituuka.blogspot.no/2011/07/tamale-mirundi-reasons-childishly.html

Kiyonga, Derrick – ‘Judges want Museveni to fire Tamale Mirundi’ (24.04.2015) link: http://www.observer.ug/news-headlines/37533-judges-want-museveni-to-fire-tamale-mirundi

Lumu, David & Anyango, Aida – ‘My contract has expired, says Tamale Mirundi’ (24.07.2014) link: http://www.newvision.co.ug/news/657962-my-contract-has-expired-says-tamale-mirundi.html

NewVision – ‘UCC moves to stop Tamale Mirundi’s ‘abusive remarks’ (01.11.2015) link:

http://www.newvision.co.ug/news/676351-ucc-moves-to-stop-tamale-mirundi-s-abusive-remarks.html

Odinga, William – ‘Tamale Mirundi punches former employee below the belt’ (18.03.2014) link: http://williamodinga.blogspot.no/2014/03/tamale-mirundi-punches-former-employee.html

UGO – ‘Tamale Mirundi grilled over Sejusa calls’ (15.05.2013) link: http://news.ugo.co.ug/tamale-mirundi-grilled-over-sejusa-calls/

PLO Lumumba – “We are Co-Authors of our misfortune”

Interesting, right? Enlightenment, right?

Peace!

#RhodesMustGo: Statement on the Marikana Campaign (18.08.2015)

Following the wave of decolonial rage incited and ignited by the #RhodesMustFall movement, we have been consistently misunderstood, misrepresented, silenced and intimidated by wolves in sheep’s clothing- the colonial institutions we are learning to deconstruct.

In the shadow of the anniversary of the massacre of Marikana, #RhodesMustFall will relentlessly drive forward the project of decolonisation to its logical conclusion. The University of Cape Town, as an integral part of the machinery of colonialism, is deeply implicated in the events of Marikana, and we are here, if only to break that machinery into pieces.

The massacre of Marikana lies at the center of the problem of South Africa. The collusion of the state and white monopoly capital has not been clearer since the negotiated settlement that formed the nightmare that is contemporary South Africa- the ‘new’ dispensation.

On Thursday, August 16th, South African Police Services killed 34 protesters at a platinum mine, owned by the Lonmin company, and located in a town called Marikana. This display of police brutality was targeted at protestors who were fighting for a living wage.

The tragedy of this expression of state violence must be historicised and contextualised. In amidst the nuances and contradictions of the details of the massacre, the #RhodesMustFall movement echoes the call to target the roots of the tree, and by the roots, we explicitly refer to the violence of a) South Africa, b) the state, and c) it’s police, as an underpinning and unholy trinity of our nation’s (dys)function.

As a movement standing for the notion that ‘Rhodes’- as a symbol of the colonial situation of our nation- must fall, it is with bittersweet irony that we discover that the London Stock Exchange listed company, Lomnin, was a former division of the company known as LonRho (London Rhodes).

‪#‎RhodesLivesOnInMarikana‬

Without decolonisation, these structures will continue to demolish post-1994 reforms as they move forward with their colonial objectives. In the words of the revolutionary, Frantz Fanon, we remember –
“Colonialism hardly ever exploits the whole of a country. It contents itself with bringing to light the natural resources, which it extracts, and exports to meet the needs of the mother country’s industries, thereby allowing certain sectors of the colony to become relatively rich. But the rest of the colony follows its path of under-development and poverty, or at all events, sinks into it more deeply.”

So what does this have to do with UCT?”

#RhodesMustFall, as we have articulated since our inception, has identified the University of Cape Town as amongst the key spaces and institutions that uphold the criminal status quo in which we find ourselves today. Through the legacy of the likes of Cecil John Rhodes, we have endeavoured to dig up the thinly veiled web of wealth, domination and violence that UCT has continuously benefitted from since its establishment.

In this, our next phase, we vow to hold the university accountable for its relationship to the unending violence against black bodies in Azania. It is an open secret that the University of Cape Town has, for several years, invested millions in mining corporations, in particular, Lonmin, through its retirement annuities. This has remained unchanged since the tragedy of Marikana.

We therefore encourage the public to work collectively in requesting the financial records of this institution because in moving forward, transparency is key.

The enormous financial contributions made by the mining sector to the university have, of course, come at a cost. The impact on knowledge production is most visceral in the engineering, economics and politics departments who house many programmes that propagate a neo-liberal conception of development and society that does little more than prepare them for careers and professions that exist to preserve the status quo and generate white monopoly capital. We note with disdain the particular deficiencies in the UCT economics department that has been established as a factory for the kinds of uncritical capitalistic thinking that will ensure that the events of Marikana will be repeated.

And of this we are certain:

Without decolonisation, Marikana will happen again.

As a self-avowed elite institution, UCT has garnered and fostered close relationships with multinational corporations who arrive at our doorstep with Trojan horses at career fairs, and on our donor acknowledgement boards. Many UCT graduates are granted safe passage into these organisations, while during education as students, are structurally and violently denied the information and history of the ground upon which they stand. The consequence is the repeated misdirection of potential skill, energy and passion away from the benefit of the majority of South Africans and toward the ends of white monopoly capital.

To further demonstrate the complicity of the ivory tower of UCT, we call to attention the presence of Judge Iam Farlam, the chair of the Marikana inquiry commission, on the university council. The #RhodesMustFall movement calls for the immediate removal of Judge Ian Farlam from council. This arises firstly out of a conflict of interest, as evidenced by the connections between Lonmin and UCT, but crucially as a response to the conclusions drawn by Judge Farlam in his report as highlighted below:

“The evidence shows -(a) that the tragic events at Marikana are rooted in widespread labour disputes in the area, particularly, at Lonmin’s Karee mine and at the nearby Impala Platinum Mine (‘Implats’) which were characterized by violence, intimidation and loss of life and the undermining of agreed collective bargaining processes; and (b) that the tragic events that occurred during the period 12 to 16 August 2012 originated from the decision and conduct of the strikers in embarking on an unprotected strike and in enforcing the strike by violence and intimidation, using dangerous weapons for the purpose”.

The conclusion listed above clearly places the root responsibility of the escalation of Marikana’s violence onto a disinherited black working class, which itself chooses to overlook the continual violence of the establishment of the mines themselves, and their historical role in the class formation and racialisation of African peoples. This is a tragedy of devastating gendered consequence, but this truth is unsurprisingly invisibilised by the power structure whose mobility is reliant on constructed and upheld ‘black dysfunction’.

Judge Ian Farlam failed to hold to account the state’s involvement in the massacre of Marikana and failed to identify the root of the violence that resulted in the murder of 34 mine workers. His decision and participation in this case must be problematised, as he sits on a governance structure that makes financial decisions regarding investments of Lomnin, (amongst others) the company involved in, and criminally complicit in this case.

The #RhodesMustFall collective reminds the UCT community in particular, that we are presently participating in the exploitation of our own workers. The struggle of the workers here is no different to those at Marikana. They demand a decent living wage of R10 500, as outsourced workers who are struggling for dignity, as they continue to prop up a university that celebrates its position as ‘the top in Africa’. We understand it as one whose ‘success’ lies purely in its upholding of the status quo.

In closing,

#RhodesMustFall demand the immediate renaming of the Jameson Memorial Hall to Marikana Memorial Hall, the removal of Judge Ian Farlam from council, a statement from the Vice Chancellor condemning the massacre, and the report and submission of a dossier detailing UCT’s relationship to mining corporations in Southern Africa.

Izwe Lethu,
M’Afrika

#RhodesMustFall