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61. From impunity to prosecution? Sexual violence in Sudan beyond Darfur

Author:
Liv Tønnessen
Publication Date:
03-2012
Content Type:
Working Paper
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
Serious shortcomings in Sudanese laws and practices contribute to the lack of protection of victims of rape in Sudan. There is need for comprehensive legal reform, particularly of Sudan's Criminal Law of 1991. The categorisation of rape as a form of adultery does not result only in the virtual impossibility of convicting a rapist, but may even lead to the incrimination of the female victim of rape instead. This is particularly problematic considering the widespread use of sexual violence in the Darfur conflict. One of the encouraging consequences of the international attention on war rapes in Darfur is that women activists are increasingly positioning sexual violence against women as a concern on the national political agenda. Several legal reform initiatives are under way within the country among both state and non-state actors alike. The comprehensiveness of the reforms suggested differs in substance, but there is a consensus among both government and civil society actors that there is a need to differentiate between rape and adultery in current law. This consensus is extremely important, especially considering the sensitive and increasingly politicised and polarised debate on the topic. Although women face serious challenges in the Sudanese legal system, it is important to highlight how women activists are launching reform initiatives in order to bring justice to rape victims and to end the system of impunity for rapists. International donors can contribute a great deal in terms of supporting these reform initiatives and facilitating dialogue forums.
Topic:
Crime, Gender Issues, Human Rights, Law Enforcement, and Law
Political Geography:
Africa and Sudan

62. Origins and Outcomes of Electoral Institutions in African Hybrid Regimes: A Comparative Perspective

Author:
Sebastian Elischer, Gero Erdmann, and Alexander Stroh
Publication Date:
06-2012
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
In the early 1990s most African countries carried out extensive reforms of their electoral regimes. Adopting a historical institutionalist approach, this paper critically examines the role of institutional path dependence in accounting for the setup of six African electoral regimes. For this purpose, we distinguish between different types of path dependence. The paper further analyzes the extent to which the development of electoral institutions contributed to the regime-type outcome (democratic/hybrid/autocratic). The main emphasis herein is on so-hybrid regimes;” in other words, regimes existing in the grey zone between democracy and autocracy. The paper finds that, while institutional path dependence has a limited but important impact on the setup of the electoral regimes, it is ultimately the process of decision-making during critical junctures that accounts for the regime type outcome. Hybrid regimes lack long-term institutional ownership.
Topic:
Civil Society, Democratization, Human Rights, and Governance
Political Geography:
Africa

63. L'Est du Congo: pourquoi la stabilisation a échoué

Publication Date:
10-2012
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Depuis la mutinerie de Bosco Ntaganda en avril 2012 et la formation du Mouvement du 23 mars (M23), les Kivus sont en proie à une nouvelle spirale de violence. Cette crise révèle que les problèmes d'aujourd'hui sont les problèmes d'hier car le cadre de résolution du conflit défini en 2008 n'a pas été mis en oeuvre. L'application de l'accord du 23 mars 2009 entre le gouvernement et le Conseil national pour la défense du peuple (CNDP) a été un jeu de dupes au cours duquel les autorités congolaises ont fait semblant d'intégrer politiquement le CNDP tandis que celui-ci a fait semblant d'intégrer l'armée congolaise. Faute de réforme de cette dernière, la pression militaire sur les groupes armés n'a eu qu'un impact éphémère et la reconstruction post-conflit n'a pas été accompagnée des réformes de gouvernance et du dialogue politique indispensables. Pour sortir de la gestion de crise et résoudre ce conflit qui dure depuis presque deux décennies dans les Kivus, les bailleurs doivent exercer des pressions sur Kigali et Kinshasa.
Topic:
Conflict Resolution, Security, Ethnic Conflict, Human Rights, Human Welfare, Humanitarian Aid, and Fragile/Failed State
Political Geography:
Africa

64. The Diversity of Truth Commissions and Commissions of Inquiry

Author:
Evelyne Schmid
Publication Date:
01-2012
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Over the past several decades, dozens of countries have established truth commissions and other bodies to investigate mass atrocities or systematic human rights abuse. Lessons learned from past truth-finding processes are invaluable to help address the legacies of human rights violations in countries transitioning to democratic regimes in the Middle East and North Africa and elsewhere. Truth commissions aim to uncover and acknowledge abuses from the past by recognizing the suffering of victims and making recommendations to prevent a recurrence of violence in the future. When convening authorities establish a truth commission, they need to select a process to choose the commission's membership, decide on the subject matter and a deadline for the work it will do as well as its legal powers, its duration and the extent to which its work is public. USIP has established a Truth Commissions Digital Collection (http://www.usip.org/publications/truth-commission-digital-collection) that provides summaries and vital statistics of 41 past commissions from 35 countries, along with copies of most of their legal charters and final reports. Each commission has a dedicated page along with information on subsequent developments, such as reforms, prosecutions and reparations to victims. The Truth Commissions Digital Collection is a resource for researchers and implementers seeking to learn and apply lessons from the past to make current “truth processes” more effective.
Topic:
Conflict Prevention, Genocide, Human Rights, Human Welfare, and Torture
Political Geography:
Africa and Middle East

65. Reconsidering the Right to Own Property

Author:
Rhoda E. Howard-Hassmann
Publication Date:
02-2012
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
This article considers whether a there should be a separate international Covenant to elaborate on the human right to own property, which has languished since its inclusion in the 1948 Universal Declaration of Human Rights (UDHR).
Topic:
Economics, Human Rights, Human Welfare, Privatization, and Food
Political Geography:
Africa

66. Issues of Minority Rights in the Ethiopian Federation

Author:
Haileyesus Taye Chekole
Publication Date:
04-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
Ethiopia is an ancient country with a rich diversity of peoples and cultures. Paleontological studies identify Ethiopia as one of the cradles of humankind. ―Dinknesh or ―Lucy, one of the earliest and most complete hominoids discovered through archaeological excavations, dates back to 3.5 million years (Milkias, 2010). Ethiopia‟s geographical and historical factors have had a great influence on the distribution of its peoples and languages. Ethiopia embraces a complex variety of nations, nationalities and peoples, and linguistic groups. Altogether, its peoples speak more than 80 different languages, comprising 12 Semitic, 22 Cushitic, 18 Omotic and 18 Nilo-Saharan languages (Central Statistic Report, 2007). This makes Ethiopia a mosaic of languages and culture. The country has always maintained its independence, even during the colonial era in Africa. Ethiopia‟s membership in multilateral governmental organizations started as a member of the defunct League of Nations. Ethiopia was one of the founding members of the United Nations and has been playing an active role in African affairs. It specifically played a pioneering role in the formation of the Organization of African Unity (OAU). In fact, the capital city, Addis Ababa, has been a seat for the OAU since its establishment and continues serving as the seat for the African Union (AU) today.
Topic:
Human Rights, International Law, and Minorities
Political Geography:
Africa, United Nations, and Ethiopia

67. The Continuing Functions of Article 98 of the Rome Statute

Author:
Jens M. Iverson
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
According to the current jurisprudence of the International Criminal Court, Article 98 of the Rome Statute does not forbid the issuance of an arrest warrant for a sitting head of state. The African Union Commission vehemently objects to this reading of Article 98. Because it viewed the function of Article 98 as forbidding such arrest warrants, it views the current jurisprudence as effectively reading Article 98 out of the Statute, with no continuing function. This article demonstrates the continuing function of Article 98. This continuing function includes immunities resulting from agreements under Article 98(2), as well as customary immunities pertaining to property, persons, diplomatic immunity, and state immunity. Countering the rhetoric and providing a close analysis of the current state of Article 98 in ICC jurisprudence is useful, both with respect to understanding the current operation of Article 98 and to reflect on balancing multiple maximands of criminal law, human rights law, and the international law of immunity.
Topic:
Human Rights and International Law
Political Geography:
Africa and Rome

68. Promoting Reconciliation through Exhuming and Identifying Victims in the 1994 Rwandan Genocide

Author:
Erin Jessee
Publication Date:
07-2012
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
In the aftermath of the 1994 Rwandan genocide, in which an estimated 800,000 Tutsi civilians were killed, the ICTR commissioned a series of mass grave exhumations in Kigali and Kibuye. These exhumations were conducted by PHR, a Boston-based nongovernmental organization (NGO). Its mandate was to provide scientifically rigorous evidence that revealed the criminal nature of specific massacres in Kigali and Kibuye, as well as the statistical elements of the crimes, including the sex, ethnicity, age, and cause and manner of death for the individual victims (Haglund, 1997: 1; Haglund and Kirschner, 1997: ii).
Topic:
Political Violence, Genocide, Human Rights, and International Cooperation
Political Geography:
Africa

69. The Road to Safety: Strengthening Protection for LGBTI Refugees in Uganda and Kenya

Publication Date:
05-2012
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
Lesbian, gay, bisexual, transgender, and intersex (LGBTI) refugees are often among the most vulnerable and isolated of refugees. This is especially true in places where they are at heightened risk due to violent attacks, discrimination, and laws that criminalize same-sex relations. In addition, in many countries around the world, LGBTI refugees are targets of bias-motivated attacks and sexual and gender-based violence. Around seventy-six countries criminalize consensual same-sex conduct.
Topic:
Gender Issues and Human Rights
Political Geography:
Uganda, Kenya, and Africa

70. South Sudan Women Face Human Rights Violations

Author:
Yobu Annet
Publication Date:
05-2012
Content Type:
Working Paper
Institution:
The Diplomatic Courier
Abstract:
A woman with her two-week-old baby was dragged out of her home at gun point in April at Hai-Mauna residential area over issues of domestic violence. In the process, Rose Mary Adare broke her finger as she was being flogged by the plainclothes, h armed men who were brought by the husband. “My husband has thrown me out of the house with my kids because he has a newly wedded wife. This has been his habit, chasing women out of the house, whenever he gets a new wife”, she said. As it started raining, the woman took off with her little baby and her two older children to a makeshift shelter that was just across what used to be her home. Michael Amule Joseph, Rose Adare's husband and the Commissioner General for the State Revenue Authority, drove off with the armed men, leaving onlookers wondering as to why a constitional post holder entrusted with a national responsibility had to drag the wife and the newly born baby out of the house at gun point. An eye witness says the arms scared the neigbours who intended to run to the rescue of the woman. “We wanted him to calm down so that we talk to both of them”, said a neighbour. Rose Adare had been married for a period of seven years, saying that the time has been hell on earth. “I tried complaining to my parents but they couldn’t help me out. When I approached Munuki Police station in order to help me, the police authorities advised me to settle the issues with relatives”. Lilian Riziq, the President and Chief Execitive Officer of South Sudan Women Empowerment Network, said it is unfortunate that South Sudan does not have family laws that protect women. They are always referred to the customary courts which are normally biased against the women, putting women on the wrong side in cases of domestic violence. A concerned citizen, who termed this a human rights violation, urged men not to behave inhumanely against their wives and children. “We are supposed to protect women but not to abuse them nor intemidate them when they say something. Why should armed men involve themselves into domestic issues? If the armed men have failed to maintain law and order, then, who will protect the civilians?” he asked.
Topic:
Human Rights, Women, and Gender Based Violence
Political Geography:
Africa and South Sudan