Well, as with all good things, there is usually some sort of expiration date. As of a week ago, I officially chatted with the folks at ICJ Kenya, and we agreed that this would be my last month of work. I'll be back home in Canada at the beginning of November. Just in time for winter.
The decision to leave was mine. I have a fiancée in Canada, and it would be incredibly difficult for her to get married by herself. Plus, she's now in medical school, and I may or may not have promised her a high-five and a high-end bottle of wine. That, and I'm incredibly excited to be with her and support her in all her med school, global health program, Chair of the Student Run Clinic adventures.
Of course, there are mixed feelings about leaving. Most of which will probably be more eloquently expressed when I'm back in Calgary, jobless, and severely crippled by reverse culture shock.
For now, I have managed to fill my agenda for the month with a nigh-impossible amount of winding-up activities. Two conferences (one on genocide prevention, the other on Journalism and the ICC in Kigali), two presentations at the University of Nairobi (on the role of CSOs and the ICC on Kenyan elections), a funding proposal, office templates and policy documents, and all the frantic picture-taking, socializing and to-doing I can possibly muster. I love this place, the people, and the work, so I feel obligated to cram as much 'experience' as I can into my cranium. I'll see if I can keep you up to date.
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In other news, the biggest thing that I can possibly think of happening, happened. The three Kenyan victims of torture during the Mau Mau uprisings were given the right to take the UK government to trial. Morally, this decision is outstanding. The victims were unsurprisingly ecstatic. In Nairobi, and, I assume, other places in Kenya where ex-Mau Mau fighters reside, there was similar jubilation - they won against the Brits, in Britain! That's pretty huge.
Of course, being a lawyer, there's always a little bit of skepticism when a legal decision of this magnitude actually makes sense. Hopefully I'll get some time to read the decision myself. In the meantime, the UK will appeal (they kind of have to, otherwise the 'ex-colonies' will have a field day filling the UK Courts with decades-old cases of torture, abuse, pox-ridden blankets, etc). And the victims, (one of whom has already passed away due to old age), will continue to wait for their day in court.
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The ICC cases in Kenya continue to be a frolicking joy ride, as per usual. Kenya's Attorney General, Githu Muigai (who, after being a champion of civil society, is now regarded as a colossal disappointment), in a speech in Nuremberg, Germany (probably the birthplace of international criminal law), waxed poetic on, well, everything, apparently. Read The Standard's recap here. Here are my favourite parts:
1. Telling the ICC to postpone the trial because of Kenya's elections in 2013. The Office of the Prosecutor has already publicly stated that the date for trial was set on the basis of timelines for preparing for trial, and that the ICC doesn't really care about how it fits into Kenyan politics. Using the best retort I've ever heard, the AG (I imagine him puffing up his cheeks for this one) stated,
"up to the last minute, the defence can seek a postponement for any reason, including ill-health or a million other reasons" [my emphasis added]
So, they may as well save everyone the trouble and just postpone the trials. I mean, they are just so inconvenient.
Not persuaded by the 'million-plus reasons' argument, a spokesperson from the OTP noted that the defence lawyers for the 4 accused Kenyans hadn't actually lodged any applications for postponement. Right. Because that's what the defence lawyer's JOB is. Not the AG, who, last I recall, represents the Government of Kenya, and, by proxy, the entire citizenry of Kenya. Not just the 4 suspects accused of Murder, Rape, Forced Evictions, etc. (i.e. Crimes Against Humanity). Ahem.
2. Calling out Luis Moreno-Ocampo as being patronising, discourteous, and disrespectful. I actually kind of agree with him on this - I think I'll even devote an entire blog post for Ocampo, and his legacy.
3. The sheer irony of countering Kenya's perceived 'non-cooperation' with the ICC by saying - 'we're cooperating!' That's a tough sell, since, for example, the President of Kenya, in his State of the Nation Speech, basically called for the cases to be brought back to Kenya. Then the Kenyan government lobbied for criminal jurisdiction for international crimes to be included at the East African Court of Justice (Kenya is the chair of the East African Community), and the African Court on Human and Peoples' Rights. And members of the government have called for the ICC cases to be 'repatriated'.
In my humble opinion, 'cooperation' amounts to a little bit more than simply filing documents when the Court tells you to. There's the whole 'attempting to discredit the court' issue, which seems to be, at the very least, a little inconsiderate, don't you think?
4. "The ICC was not created to be a monopoly". I don't know if this was a direct quote, or a paraphrase by the Standard journalist. In any event, it's fantastic(al)! The phrase is in reference to the aforementioned attempt by the African Union to expand the jurisdiction of the African Court to include international crimes. It would serve the same function as the ICC, except it would be African. There are all sorts of issues with this statement - blahblah complementarity blah blah State Party blah blah how would it ever get funding blahblah - but the main issue is this: The ICC was created to be THE court of last resort for international crimes. Not just one of many courts of last resort, that anyone can pick and choose, depending on what continent they are on.
The whole idea was to monopolize the ICC as the place be for last resorts on international crimes, sindio*?
*The only translation I could find for this swahili phrase on the interweb was here.
Showing posts with label ICC. Show all posts
Showing posts with label ICC. Show all posts
Sunday, 7 October 2012
Wednesday, 5 September 2012
Complexicated: Lessons from Gulu
From August 27-30, I was in Gulu, in Northern Uganda, attending a 'Consultative Forum on the Future of Amnesty in Uganda: Listening to Victims'. That's a mouthful, but hey, we're lawyers working at NGOs, and we like using tons of words to express ourselves. In this case, though, I think they managed to actually achieve the title of the event. It was an extremely informative event, and there was great discussion between members of the local government, religious and cultural leaders, CSOs, community members, and especially victims. The Army, Police, and Prison officials were present too, but they were noticeably silent.
The discussions and opinions from this diverse group radically shifted my perspective of the issues in Gulu. So much so, that I felt the urge to think up a new word. The title might sound a bit irreverent, or even a bit silly, but that's not my intention. It's the best I could do, using one word, in an attempt to describe what the situation is like in Northern Uganda. It's not trivial. It is confusing. It is multi-faceted. It is deep-seated. It seems intractable. The lines between 'right' and 'wrong' are not very clear. Yes, it's complex. And yes, it is very, very complicated.
I had previously written about Invisible Children's KONY2012 movie, but interacting with the issues first-hand made my rebuttal of their work too simplistic. That movie, and the Stop Kony initiative, is so narrow and misses the major issue of the conflict in Northern Uganda. My question was "what happens after?"
But the real question is - "what now?" What now for the victims, the ex-combatants, the children, and the communities? What to do about the physical harm, the mental suffering, the stigmatization, and the deep distrust?
Certainly, Kony is a wanted criminal, responsible for human rights violations, atrocities and most likely international crimes. He is an evil, bad man. He needs to answer for his crimes surely. But there are other, more pressing stories that need to be addressed.
There are women, who were abducted and taken to the bush when they were young. They were used as sex slaves, or simply as cooks, cleaners, and childcare. Some were combatants, some never touched a weapon. But Ugandan law, and to an extent, community perspectives, view them as 'ex-rebel combatants', regardless of their role, when they leave the bush. If they aren't simply chased away from their own communities, they face stigmatization. If they manage to resettle, their 'bush babies' are shunned. And even if they reintegrate, they face crippling poverty. Stopping Kony doesn't address this.
There are stories of atrocities, human rights violations, and possible international crimes committed by the Ugandan government forces. This is not just against the rebels, but also the communities as well. To date, no investigations, either domestic or international, have looked into the conduct of the UPDF. Invisible Children says that despite this, they are still a 'necessary part' of stopping Kony. But, this leads to an interesting situation - northern Ugandan communities hate the rebels, yet they also deeply distrust the Ugandan government. They have been victimized by both sides. By proxy, they also distrust international interventions, especially those that work with the government. Not to mention that it is all too often the case that international actors come in to 'survey', research, or implement activities. Often these activities show no tangible or long-term benefits to the affected individuals or communities. There is a tangible sense of fatigue towards 'outside interventions'.
Instead, the communities and victims advocate for 'homegrown' solutions. But it's unclear what that means. It is equally unclear whether the Ugandan government or the international community will ever treat them with enough respect to let them come up with their own forms of reconciliation.
But these are all words, and they are all arranged in a way that seems to suggest that the situation can make sense. It takes on another flavour to hear these stories from a 19 year-old girl with mutilated hands and burns all over her arms from rebel torture, who recounts her torture with a straight face, but breaks down when she explains that she can't go to school.
Complexicated. But, with the level of discussions and passion I saw, still room for hope.
The discussions and opinions from this diverse group radically shifted my perspective of the issues in Gulu. So much so, that I felt the urge to think up a new word. The title might sound a bit irreverent, or even a bit silly, but that's not my intention. It's the best I could do, using one word, in an attempt to describe what the situation is like in Northern Uganda. It's not trivial. It is confusing. It is multi-faceted. It is deep-seated. It seems intractable. The lines between 'right' and 'wrong' are not very clear. Yes, it's complex. And yes, it is very, very complicated.
I had previously written about Invisible Children's KONY2012 movie, but interacting with the issues first-hand made my rebuttal of their work too simplistic. That movie, and the Stop Kony initiative, is so narrow and misses the major issue of the conflict in Northern Uganda. My question was "what happens after?"
But the real question is - "what now?" What now for the victims, the ex-combatants, the children, and the communities? What to do about the physical harm, the mental suffering, the stigmatization, and the deep distrust?
Certainly, Kony is a wanted criminal, responsible for human rights violations, atrocities and most likely international crimes. He is an evil, bad man. He needs to answer for his crimes surely. But there are other, more pressing stories that need to be addressed.
There are women, who were abducted and taken to the bush when they were young. They were used as sex slaves, or simply as cooks, cleaners, and childcare. Some were combatants, some never touched a weapon. But Ugandan law, and to an extent, community perspectives, view them as 'ex-rebel combatants', regardless of their role, when they leave the bush. If they aren't simply chased away from their own communities, they face stigmatization. If they manage to resettle, their 'bush babies' are shunned. And even if they reintegrate, they face crippling poverty. Stopping Kony doesn't address this.
There are stories of atrocities, human rights violations, and possible international crimes committed by the Ugandan government forces. This is not just against the rebels, but also the communities as well. To date, no investigations, either domestic or international, have looked into the conduct of the UPDF. Invisible Children says that despite this, they are still a 'necessary part' of stopping Kony. But, this leads to an interesting situation - northern Ugandan communities hate the rebels, yet they also deeply distrust the Ugandan government. They have been victimized by both sides. By proxy, they also distrust international interventions, especially those that work with the government. Not to mention that it is all too often the case that international actors come in to 'survey', research, or implement activities. Often these activities show no tangible or long-term benefits to the affected individuals or communities. There is a tangible sense of fatigue towards 'outside interventions'.
Instead, the communities and victims advocate for 'homegrown' solutions. But it's unclear what that means. It is equally unclear whether the Ugandan government or the international community will ever treat them with enough respect to let them come up with their own forms of reconciliation.
But these are all words, and they are all arranged in a way that seems to suggest that the situation can make sense. It takes on another flavour to hear these stories from a 19 year-old girl with mutilated hands and burns all over her arms from rebel torture, who recounts her torture with a straight face, but breaks down when she explains that she can't go to school.
Complexicated. But, with the level of discussions and passion I saw, still room for hope.
Thursday, 19 July 2012
OUT OF OFFICE: Autoresponse
Thanks for checking in. I'm currently in the Democratic Republic of the Congo, in Lubumbashi.
I'll be back in Nairobi for about 10 hours, and will immediately be leaving for the Hague, in the Netherlands. I'll be attending this: http://ipsinstitute.org/the-hague-2012/
I'll be updating my blog weekly, so stay tuned.
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| Lubumbashi, and its cobalt mine |
I'll be updating my blog weekly, so stay tuned.
Tuesday, 10 July 2012
Intermission: Sore Feet
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| Post Race, Post Massage, Pre Sore Feet |
On June 30, I ran a half marathon. It was a work-related function (team building!), and it was at the Lewa wildlife conservancy. OK, 'ran' is a bit of a misnomer. By some miracle of miracles, I finished the race. Now, my feet are sore, and I feel somehow entitled to complain to everyone (including the entire internet) about that fact.
No, I won't share with you my time. I will share that all manner of men and women (old and young, fat and skinny, white and black, etc) passed me. A 50+ year old woman with two knee braces on limped slowly past me. It was a humbling experience.
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| The ICJ Kenya Tent City at the Lewa Marathon. |
In other news, I'll be heading to the Democratic Republic of the Congo next week. The DRC is a real hot spot right now (luckily not in the area that I'll be visiting), both because of the ongoing rebel activity, as well as the fact that Thomas Lubanga, the ICC's first convict, was just sentenced to 14 years imprisonment (minus the 6 he has already spent in ICC detention). I am trying to reconcile that sentence with 'normal' criminal law. It's interesting to compare the sentence someone would get in Canada for, say, manslaughter, with the sentence that Lubanga got for conscripting child soldiers. Some how it doesn't seem proportionate. But, it's a good lesson for the ICC prosecution team, though, whom the judges of the ICC took some time to heavily criticize.
Right after going to the DRC, I'll be heading to Leiden, in the Netherlands. I'm attending the Hague Symposium on Post-Conflict Transitions and International Justice. It's a 4-week long course, and I'm super stoked about it.
It's been fairly amazing, all this travelling, but there's one downside. I only have 6 pages left in my passport. Guess I'll just have to put my feet up, soon.
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| Twiga, Lewa Wildlife Conservancy |
Thursday, 8 March 2012
Those Most Responsible
There is a curious phenomenon sweeping over the Internet right now. People are listing it as 'inspiring'. Much has been said already, but I just have a few comments about the Kony 2012 movement that
has gone viral:
Stop Impunity. 2012.
- There
are better opinions there about what some of the shortcomings of the
campaign are. You can read them
here and here. I agree with
those sentiments. However, I am
extremely impressed by the mobilization around the movie (positive and
negative). The impact of
technology, the Internet, and social media is incredibly impressive. And while I am worried that our
intellectual capacities are not advancing as fast as technology (there is
incredible ignorance and naivety about the attention to Kony 2012), this
phenomenon really gets me excited about the possibility of getting the
right people, in the right room, at the right time. Can you imagine if someone used the same
production value as the Kony movie, but directed the attention at the
plight of First Nations people in
- Speaking
of changes, I feel like the entire movie, catchphrase, and movement really
speak to a fairy tale culture. The
idea of “stopping at nothing to stop Kony” misses one key issue, for
me. The whole thing stops at Kony. One individual. And then all the children live happily
ever after. It is very difficult
for me to see how the removal of one individual will make the lives of the
children markedly better, and yet the movie still strikes a chord. There is something quite compelling
about good vs. evil stories. But
this isn’t a movie, and the situation is worse, and much more complicated
than a 24 minute movie could ever capture.
Unfortunately, it is simply not as ‘sexy’ to make a movie about the
years of psychological counseling, physical rehabilitation, and social
reintegration that are necessary to help these children become ‘normal’.
In any event, has anyone stopped to interrogate whether the removal of a dictator/despot has lasting, positive consequences? There have been quite a few disposed of recently (Bin Laden, Saddam Hussein, Gaddafi). Who exactly is living happily ever after? They no longer pose a threat, individually. But the associated countries are in turmoil. I recall the issues and concern over the IRA – I don’t know of any high-level assassinations/killings in
For all its trials and tribulations, Kony 2012 has done one
major thing. It has created dialogue,
and more importantly, it has opened up a space in our society (and especially
in North America), where, if one is savvy enough, there can be continual
discourse on the issue of child soldiers in Uganda North America ,
predominantly), Joseph Kony has been ‘outed’.
There is worldwide attention, scrutiny, and general disdain of his actions,
and the lack of consequences he’s faced.
This mass attention is a massive tool for fighting impunity, and in my
mind, impunity is something worth fighting against.
Bring Kony to Justice, yes.
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