Fiji

Tension rises over the proposed Reconciliation, Tolerance and Unity Bill

The recent Government proposals for a Reconciliation, Tolerance and Unity (RTU) Bill is causing great concerns in the Pacific island of Fiji, particularly due to two clauses which would grant amnesty to those guilty of serious human rights violations in the failed coup of 2000, including coup leader George Speight, who is serving a life sentence for treason. The army has recently threatened a coup if the controversial Bill is passed, causing tension to rise in the political sphere of the country. The threat was made by the military in its eight-page submission to the Parliamentary Select Committee that is receiving submissions from members of the public on the Bill.

It would seem that two sections of the proposed Bill (Article 18(2) and Article 21) would violate Fiji’s international law obligations that oblige Fiji, through positive and negative action, to prevent violations and to respect, protect, ensure and promote human rights. Fiji has an obligation under customary international law to provide reparation for victims of gross human rights violations and to provide assistance and a right to justice to victims of crime. Whilst Fiji should aim at reconciliation and tolerance, it should not oppose the course of justice along the way.

Kenya

Death Penalty on the Way Out

Death-row convicts will soon have their sentences reduced to life imprisonment. Justice Minister Kiraitu Murungi said he was working closely with the President’s Office to commute to life all the death penalties. “We are committed to abolishing the death penalty. The death sentence is a violation of the right to life,” said Mr. Murungi.

Malawi

Law Society slams impeachment Bill  

The Malawi Law Society is opposing a Bill that proposes forming a National Governing Council that will lead the country for six months if Parliament impeaches President Bingu wa Mutharika. Opposition parties have listed several grounds for impeachment, including the alleged use of public resources by the Democratic Progressive Party. But the Law Society described the proposal to have a Governing Council as expensive and a waste of time. ‘ You cannot have the head of the judiciary involved in another government arm, and amend the Standing Orders with one thing in mind: to remove Mutharika,’ said Society President Alick Msowoya. He said the amendment needed wider consultations to get a political consensus because what was being proposed was a change to the Constitution.  

Maldives

Peaceful Demonstrators arrested on First Anniversary of Mass Arrests

What was simply meant to be a peaceful demonstration on the 12th August 2005 to mark the first anniversary of mass arrests at a pro-democracy rally, ironically turned into another spate of gratuitous arrests aggravated by police brutality. This event and other recent arrests are a blow to the Government’s stated plans to bring about democratic reforms in the country and are a step backwards after the positive event of the official registration of the Moldavian Democratic Party (MDP). Amongst the people arrested recently were several members of the MDP in what seems like an effort to intimidate and suppress the opposition party.

Nigeria

Politicians say the law they are charged under is ‘extinct’

Several politicians facing trial for corruption have asked the Abuja High Court to throw out the charges as the Act they have been charged under is null and void. Legal counsel for former Senate President Adolphus Wabara, argued that the Independent Corrupt Practices and other Related Offences Commission (ICPC) Act 2000 was ‘extinct’. He said the Act of the National Assembly, which established the ICPC was repealed in 2003 and replaced with a new ICPC Act. Also accused with Wabara of taking bribes are five other senators and a former Education Minister.

Sri Lanka

Movement for legal reform hits the streets of Sri Lanka

Over 300 persons gathered on the streets of Kalutara, Sri Lanka on 13 July 2005 demanding legal reforms to ensure justice.

The participants in the inaugural meeting of the Street Movement for Legal Reform came from Kalutara, Panadura, Galle, Ambalangoda, Kandy and Negombo. In recent years a number of human rights groups have worked hard to build a strong movement for justice reforms, in the conflict ridden country.

Addressing the gathering Chitral Perera one of the chief organisers said, “The criminal investigations were of poor quality and that delays in the adjudication process discouraged everybody except for criminals.”  

“The beginning of this street movement for justice reform is of historic importance. If it gathers momentum it is likely that the reforms will be speeded up”, said Basil Fernando, Executive Director of the Asian Human Rights Commission (AHRC).

South Africa

Decision to prosecute Deputy President welcomed

Political parties have welcomed the National Prosecuting Authority’s (NPA) decision to charge former Deputy President Jacob Zuma, saying it will give him his ‘long awaited day in court.’ NPA spokesperson Makhosini Nkosi said they had informed Zuma that criminal charges would be brought against him, including two counts of corruption.

A spokesperson for the presidency said, ‘The President hopes that all South Africans will allow the law to take its course.” DA leader Tony Leon said the decision was in line with the judgment handed down by Justice Hilary Squires in the Schabir Shaik trial, as well as with President Thabo Mbeki’s decision to remove Zuma from office.

Uganda

Women activists will back down over Bill

Women activists in Uganda have indicated they are willing to back down over some proposals in the Domestic Relations Bill in order to get it passed. The Bill seeks to reform and consolidate the law relating to marriage, separation and divorce. It also seeks to reform marital rights and duties, grounds for separation, and rights of parties upon dissolution of marriage. The Bill was recently shelved by Parliament on a Government request to make further consultations with various sections of society, including Muslims and Christians.