ASAP Daily Briefings. Week 39. Kenya: National honours for Obama s village. Sudan: ethnic violence takes on a dangerous dimension

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African Security Analysis Programme (ASAP) Pretoria ASAP Daily Briefings Week 39 Tuesday 22 September 2009 Contents: East Africa: Kenya: National honours for Obama s village Horn of Africa: Sudan: ethnic violence takes on a dangerous dimension West Africa: Côte d Ivoire: Cash for environmental pollution Gambia: Yaya Jammeh s Death threat to human rights activists Southern Africa: Madagascar: Rajoelina s controversial invitation to attend the UN/GA meeting

Summary of briefings Horn of Africa: Sudan: ethnic violence takes on a dangerous dimension Violence in South Sudan has, since early August 2009, taken a dimension that extends beyond community level conflicts caused by disputes over resources and cattle rustling. Recent attacks on Administrative headquarters in Jonglei State indicate that these assaults are not only intended to have a much more destabilizing effect on the region, but are also much more targeted towards civilian populations. In a structured and precise attack, a group of Lou Nuer militia led by Chibetek Mabil attacked a Dinka Bor Payam in Duk County killing over 100 people and burning approximately 260 huts, the police station and state buildings. The 20 th of September attack follows previous raids made in ethnically diverse areas. The clashes in Wernyol on the 28 th of August killed 40 civilians and the attack on Akobo left 186 dead. It is unclear if Mabil s militia is directly connected to the White Army that has resisted disarming (Reuters, 21 September 2009). These latest clashes have taken on dangerous dimensions in South Sudan that has in the past witnessed some of the heaviest and destructive fighting during the civil war between the SPLM/A and different proxy militias. Attacks of this nature may also serve the purpose of exposing the Government of South Sudan s weakness in administering security and the SPLA s slow response to what was also an attack on its armed forces in Duk. Juba has accused Khartoum of arming militias with the aim of destabilizing the South to the extent that insecurity would be a deterrent against secession. However, if Juba continues to fail to secure the states in the South and retain the monopoly of legitimate violence, then the holding of the national elections in April 2010 and the self- determination referendum in 2011 will be extremely difficult. Statements made by the UN and the SPLM point to the fact that the attack had other motivations than merely cattle raiding. The militia was also well- armed with G3 assault rifles and RPGs, and managed to hold the administrative town for over an hour until the security forces took over. Dividing the Nuer and the Dinka and manipulating historical grievances will further destabilize a fragile coalition of groups that Salva Kiir presides over. A reconciliation conference that was meant to take place in Jonglei state at the end of September has been postponed. Over 2000 people have been killed in South Sudan since January, and a quarter of a million displaced as a result of violent clashes. In the past, pockets of famine have developed in areas where community clashes developed and raids displaced civilians. Alerts have already been made in South Sudan, and an estimated 1.4 million people are facing pre- famine conditions, due to a massive food deficit caused by drought, coupled with high levels of insecurity, displacement, disrupted trade, and impeded access to grazing and fishing areas. ASAP Daily Briefing, 22 September 2009 2

West Africa: Gambia: Yaya Jammeh s Death threat to human rights activists The Gambian President Yahya Jammeh has declared in a televised state address that he is prepared to kill any human rights activist or advocate that would try to evoke human rights in Gambia (Jeune Afrique, 22 September 2009). During his address, Jammeh vowed to personally supervise the killing of anyone who aims to destabilise his country. (Voice of America, 22 September 2009). The president was reacting to recurrent accusations of human rights abuses by international human rights organisations. He claims that human rights activism is mainly aimed at destabilising the country. Jammeh came to power in 1994 and has since established a pseudo- democracy in the West African state. Much criticism has been levelled against his constant and outrageous abuse of human rights and non- respect of democratic values. These declarations once more illustrate the authoritarian stronghold in Gambia and also the mystification of political power. Journalists and citizens are constantly threatened and jailed for commenting about the regime and its exactions. The opposition and civil society have been muzzled. Jammeh s favorite slogan has been that he will provide for those who support him and those against him will face his wrath. This situation, if left unattended by the African Union (AU) or the regional body ECOWAS (Economic Community of West African States), could simply deteriorate and degenerate into a full- blown conflict. Already, some of the opposition leaders have challenged the death threat, arguing that it is another government strategy to silence dissidents. Some are calling for the demystification of the president. Such action is likely to breed violence both internally and regionally. Cote d Ivoire: Cash for environmental pollution The Trafigura Beheer BV, a Dutch oil company responsible for the illegal dumping of toxic waste on Ivorian shores, has offered to pay the Ivorian government more than US $200 million in compensation without, however, admitting liability. Half of the amount is apparently destined for the state coffers. In 2006, communities of the Abidjan area where the waste was illegally dumped were reportedly rushed to hospitals in large numbers after complaining from toxic fumes inhalation and other ills related to the waste (Jeune Afrique, 22 September 2009; Radio France International, 22 September 2009). A report recently released on the matter concluded that there was no link between the dumped toxic waste and the death toll as well as the health problems affecting many citizens in the area. While this finding was widely contested, Trafigura had agreed, since 2007, to pay the Ivorian government a hefty compensation following the outage of local populations. However, it remains unclear as to how the agreement was reached. According to the company, each one of the 31000 affected citizens would be receiving US $1500 (750.000 FCFA). ASAP Daily Briefing, 22 September 2009 3

But voices are now being heard that the government has compromised justice for money. Many citizens express dissatisfaction that the arrangements were not properly negotiated, claiming that justice has been undermined for more than 108000 direct victims of the environmental pollution. One could say that while the government expressed concerns over the dumping of toxic waste at the heart of the capital city Abidjan, even compelling the Minister responsible to tender his resignation, the authorities were certainly more preoccupied by the contentious post- conflict electoral process and therefore did not give due attention to the issue. Poverty and deprivation might have made people more willing to accept the compensation funds offered by Trafigura despite the fact that the health problems they might face in both the mid and long terms could be more costly than what they ve actually received. The toxic waste dumping is far from being an Ivoirian problem alone. More often than not, African governments connive with foreign companies to transform their countries into waste dumping sites for meagre financial compensations. The perpetuation of this cycle could therefore be attributed to African leaders who condone such acts. The corruption and lack of patriotism of government officials open the door for such dangerous practices, and these incidents are especially alarming in times when climate change is increasingly becoming a global concern. Trafigura was denied authorisation to dispose of its waste in Tunisia and even the Netherland before heading for Cote d Ivoire. In many instances the national/local government has been complicit in the illegal foreign activities of African countries. The not so distant incident in Chad, where a French non- governmental organisation was found guilty of child trafficking illustrates the endorsement by African governments of illegal international crimes. Paying compensation to the government therefore only consolidates the practice and opens avenues for further illegalities by private multinational companies. The state should guarantee the security of its people. This should be done through tough measures on illegal actions that have far- reaching implications for public health, rather than the meagre handouts governments receive in compensation. Instead, the state should rely on a close partnership with active civil society organisations and a competent justice system to tackle the issue. In that regard, the decision by Greenpeace to still take Trafigura to court in the Hague should provide Ivorian leaders with the opportunity to reconsider the whole deal, not in terms of pecuniary gains, but in terms of securing the interests of the people and the well- being of the citizens. Greenpeace argues that money cannot buy justice and that Trafigura leaders should explain to the Netherland justice why they knowingly went and dumped toxic waste in Cote d Ivoire with all the risks involved, while many other countries - including their own - have denied them authorisation. Though previous action by Greenpeace was dismissed by the Dutch Judges, it is highly likely that they might reconsider their decision this time around. Some political parties are already showing support by calling for the withdrawal of the licence from Trafigura. ASAP Daily Briefing, 22 September 2009 4

Southern Africa: Madagascar: Rajoelina controversial invite to attend the UN/GA meeting Malagasy transitional authority president, Andry Rajoelina, was invited to the United Nations General Assembly debate that began on 15 September 2009. Certainly, while Andry Rajoelina could consider this as a boost for his rule, many citizens express concerns. For them, this invitation is rather ironic given that Rajoelina is not a legitimately recognised leader of Madagascar, since his ascension to power was unconstitutional. The invitation also allegedly counters ongoing African Union (AU) efforts at continentally isolating Rajoelina. Adversely, Rajoelina s presence in New York would significantly boost his position vis- à- vis the opposition. One could also interpret the invitation as an attempt by the United Nations (UN) General Assembly to reengage Andry Rajoelina in a bid to revive the collapsing talks for a return to constitutional order. Moreover, considering that such an invitation generally ensues after protracted consultations, it is hard to substantiate a contradiction with an AU position. Since SADC- led talks in Maputo have admittedly come to a standstill, this could be an opportunity for the UN to influence the Malagasy leaders to resume the dialogue for the resolution of the crisis. Madagascar was not suspended from the UN and therefore is entitled to attend UN gatherings. The attendance of Guinean Junta leader Moussa Dadis Camara, who is also illegitimate, supports the view that the UN is not contradicting the AU but rather exploring possible alternative avenues that would presumably yield more commendable outcomes. Meanwhile, leaders have welcomed the call of the AU to open a new round of negotiations by the 6 th October. The opposition, including several former presidents, says it would like a new format for the AU- backed negotiations which is accepted by Rajoelina s camp. Communication minister, Augustin Andriamananoro, says that Rajoelina is finding ways to end the political stalemate: Now we are waiting for international help from the United Nations, from America, and from other countries to help Madagascar people to find a better way to resolve this political crisis,". International community efforts are useless if local actors do not display real commitment and compromise. And while authorities declare that "the government is trying to preserve the popular choice when we went to Maputo to negotiate with the former presidents and the African Union, we tried to protect the popular choice for the democracy," one wonders how such a popular choice has been made and whether it is acceptable to all stakeholders. If the AU or any other actor is to see the process bear fruits, there is a need to make the current leaders understand that popular choice is one that must comes from a legitimate process, agreed upon by the citizens. End ASAP Daily Briefing, 22 September 2009 5