If Robert Mugabe tries to hold on to power Zimbabwe's opposition has promised "Kenya style" street protests. After the announcement of Kenya's flawed presidential election result in December thousands took to the streets. But paramilitary police were out in force - firing tear-gas at protesters in Nairobi and live bullets at those in Kisumu. Most opposition supporters did not dare venture out. Planned rallies at Nairobi's Uhuru Park never took place.
The pressure on President Kibaki to compromise did not come from the
unrest on the streets. Instead, it came from his peers. It took four
days before a single African president picked up the phone to
congratulate him on his "victory". By the end of January there were
just four - Uganda, Morocco, Swaziland and Somalia.
Crucially, Thabo Mbeki was one of those who refused to call. It will be the reaction of African leaders, like Mbeki - many of whom view Mugabe as a liberator - who will have the greatest influence on whether Mugabe stays or goes.
Three paragraphs? Come on Steve, that's not a blog, that's just a taster.
We want more.
Posted by: Pete Duncan | Tuesday, 01 April 2008 at 10:20 PM
It is unfortunate that most of us have focused their attention to Mugabe a man who has been a champion to his people leading the west to destroy Zimbabwe. On the other hand we as African have failed to condemn killing against African by African in Kenya. I am mortified how the African and African journalist has become the west sycophant We can condemn Mugabe by taking farm away from white and at the same it’s alright for Raila and Ruto to kill innocent in Kenyan since they are African, we the Kenyans and African at large need Peace but at the same times the crimes committed in Kenya by the Opposition, masterminded by William Ruto and Raila Oginga need not go without prosecutions in the international tribunal in Hague. It is very clear that these crimes were organized and financed by the opposing. If the UN can prosecute the crimes committed in Yugoslavia, and especially in Bosnia and Herzegovina, then they can prosecute those in Kenya.
These crimes are described in the Charter of the International Military Tribunal which was held at Nuremberg. UN Secretary-General, in his proposal on the Statute of the Tribunal, explained that `crimes against humanity are aimed at any civilian population', and listed the examples of murder, extermination, enslavement, deportation, imprisonment, torture, rape, persecutions on political, racial and religious grounds, and other inhuman acts in the “UN Doc. S/25704, at 13, points 48-49 the crimes committed in Rift valley clearly meets the above criteria.
It is apparent that a policy of ethnic cleansing, aimed at the elimination of a population from a given territory, without precise designation of the target group and without any clear intention of their destruction as a group, could fit into the definition of crimes against humanity. The majority of ethnic cleansing that was committed in the Rift valley corresponds to crimes against humanity, given that they were systematic and massive attack on the civilian population. All `parties” meaning the most of ODM and Mainly William Ruto, Ntimama and Raila in the conflict' have committed some of the acts listed above as components of ethnic cleansing, and there are a large number of victims belonging to the different ethnics. In fact, the Secretary-General needs to officially pronounce that:
In the territory of rift valley in Kenya, such inhuman acts have taken the form of so-called ethnic cleansing and widespread and systematic killings, rape and other forms of sexual assault performed on human-Kikuyu’s.
The Genocide Convention defines genocide as the intentional destruction of a group, in whole or in part. From this definition we can distinguish three elements to be applied to the specific situation: destruction, rape and killing as specific characteristics of a target group- the kikuyu as defined by Mr. B. Whitaker, UN Doc. E/CN.4/Sub.2/1985/6 of 2 July 1985, at 16.
In the case of Kenya rift valley there is evidence (e.g. oral evidence Kenya East African standard 3-31-08, UN studies and reports by the media) that the majority of the victims of ethnic cleansing belong to one kikuyu group - and that they were and still further threatened by extermination, as defined by Commission on Human Rights Resolution 1992/S-2/1, This is a specific ethnics group, recognized as a part of Kenyan in various legal acts, including constitutional provisions. They are also identifiable by reference to their ethnics and cultural background.
The number of victims is very difficult to ascertain under the present circumstances, but it is obvious that they represent a significant part of the total population of all those killed. It has been reported that the kikuyu victims were mostly people that were supposed to be protected by Kenyan government and international humanitarian law during this time since there were reports of this happening. This in itself implies the intention to destroy the kikuyu’s as a people. Furthermore, there are numerous examples of villages and parts of towns being burned in the complete absence of strategic or other opposition benefit, but in which the kikuyu formed a majority of the population. Clearly most of villagers were warned before the election that this was going to happen either way; win or lose! The opposition knew and planned this under William Ruto and Raila Oginga.
Due to the very existence of the Genocide Convention, it is now unrealistic to expect to find evidence, in the written materials and public statements of officials, about the opposition’s intention to commit genocide. For this reason it is necessary to take into consideration other significant elements to determine intent. In the first place, intent could be deduced from `sufficient evidence' which includes `actions or omissions of such a degree of criminal negligence or recklessness that the defendant must reasonably be assumed to have been aware of the consequences of his conduct'. The abundant evidence of systematic genocidal acts could be viewed as an indication of an underlying intent, especially given the widespread participation of opposition preaching of Majimbo, and the extinction of the kikiyu’s which lead to the atrocities committed. Neither Raila nor Ruto who could have stopped this tried to prevent the perpetrators of these crimes. In fact they encouraged it in so many ways from Nairobi.
Intent is also revealed by the form of language used by Raila and Ruto in public statements to designate kikuyu groups as `the enemy', which could imply intent of war against those groups. Some public statements reported by the media also indicate the existence of intent. Expressing its particular abhorrence at the concept and practice of "ethnic cleansing" during and after Election of December 27, which at a minimum entails deportation and forcible mass removal or expulsion of kikuyu’s from their homes in flagrant violation of their human rights, and which is aimed at the dislocation or destruction of ethnic, as mentioned in the UN Doc. E/CN.4/1992/S-1/8; Paragraph 5', the Convention on the Prevention and Punishment of the Crime of Genocide. The prime minister designate Raila and the deputy prime minister designate -Ruto need to face the music before they hear the music. They need to be in Hague pronto!!
James Gatihi
Posted by: James Gatihi | Tuesday, 01 April 2008 at 11:55 PM
The writer of the above comment tells it all! He is a KIKUYU and as we try to eradicate tribalism he is at it, grooming and missing points squarely. It is absurd for him to miss the point that killings in Kenya was not masterminded by those who rigged elections. If the elections had not been stolen, could there have been fights? How dare say that Ruto, Ntimama and Raila are behind the post election violence! kalenjins and Maasai live with bows and arrows inside their houses and they don't have to be told to be ready for a war. Are you aware that in the Maasai or Kalenjin cultures they take their boys through a cultural training regime for months in the bush? Maasai kill Lions as they undergo moranship, so what is a human being who has insulted him? we neesd to address proper issues that caused the violence not pointing fingers to the wrong people. Wake up my fellow Kenyan and stop unnecessary utterances that may cause further turmoil to the already tattered country! I am not surprised that you thought Kikuyus are meant to rule forever, so it came as a shocker when Kenyans sent you to where you belong. Try in 2012 to rig elections again and then we see what happens!
Wanjeeri
Posted by: Wanjeeri | Wednesday, 02 April 2008 at 11:01 AM
While the world's newsmedia watches and deliberates on the Zimbabwe never-ending tyranical saga, a more positive story was ignored: the peaceful and democratic change of presidential power from the outgoing Pres. Festus Mogae to his VP Ian Khama Seretse Khama.
Not only does this enshrine the principle of good governance and democracy, but shows the total regard the president has had for following the consitutional limit of a 10 yr rule.
Very nice to know that despite the negative media that has embroiled African politics for decades, GOOD does exist and JUSTICE does exist in Africa's unsung countries.
"Uncle Bob" will surely go, he has looked quite a shadow of himself and rather sublime recently. Peace to Zimbabwe!
Posted by: T Selelo | Wednesday, 02 April 2008 at 12:15 PM
It is catastrophic that we have so many Africans with an IQ like that of “WANJERI”. These are sycophant of warlords who are now under kibaki's government. In America we have guns loaded in the house all the time, but we are mature enough and understand the meaning of human life. As and democrat, when Al Gore was rigged we did not go shooting republicans. We followed the law of land, and that is what should have happened in Kenya. Look who is calling who racist. I am a kikuyu and I am also a human Kenyan being. Killing an innocent kikuyu, karenjin or Masai to me is wrong and that is the difference between me and you. A Masai has the right to own property anywhere in Kenya and at that matter any tribes. Rift valley does not belong to one tribe so is the central province. I guess you are telling me that Masai’s and Karenjins are animals who do not have human control to determine right and wrong. My six years daughter knows killing is wrong. How dare you degrade those two tribes? My brother in law is a Masai and is a man of high moral, who would not kill a fry leave alone a human being. How dare you call the Masai and karenjin killers!!
I did very well under Moi’s regimes and I am doing very under Kibaki and will continue under any administration, here in US or in Kenya. I do not know both, either Raila or kibaki, and do not care for either. Be an entrepenuer and stop blaming your failure to other tribes who works hard and promotes democracy. The fact is, I do not give a damn if Raila or Kibaki are president. It’s not important to me. I am a Kenyan who will fight for the right of a human being regardless. It was wrong to kill a kikuyu or a luo and whoever did it need to answer in Hague. Both are politician who only care about their own self interest. My friend, I did not call you name, calling name, like Raila and Ruto did is what got us were we are. “The politicians and gang leaders behind these brutal attacks have openly fomented violence for years untouched by the law,” and people like you have legalized violence in Africa. Shame on you!! The Kenyan government’s under Moi and now under Kibaki failure to bring anyone to justice is a disgrace; it gives the gangs and their sponsor’s carte blanche to continue the violence.” All, I am saying is human beings were killed. Do not be naïve, you know who did it, and whoever did it need to go hague.
I flew to Kenya when this happened. My families are housing over twenty kids, who lost their parent. Just tell these kids about Raila or Kibaki!!! These kids are precious and do not deserve to lose their parent, they have brought so much happiness to my dad’s house. My wife and I cared for everybody when we were in Kenya during this time. We did not have tribe, and how can you be when so many innocent people were suffering. My man, I was there, I saw it, I cried with Luo, karenjin and Kikuyu and I still do. We provided things, bought food, cloths, housed the Luo community who were standard in Kikuyu police station and moved the family that needed help to save grounds in central province, mostly the luo’s, and what were doing in the rift valley? Come clean!!
Posted by: James Gatihi | Thursday, 03 April 2008 at 10:05 PM