Showing posts with label Criminal. Show all posts
Showing posts with label Criminal. Show all posts

Monday, November 14, 2011

International Criminal Law: A Conflict Analyst’s View

The fraternity of peace advocates can have their capacity to manage conflict and transform it into peace  enhanced through further training in ICL.  ICL is constituent of the graduate peace and conflict studies program.  IHL is discussed more than ICL, and the program ends without a clear position on it (ICL). Therefore, by undertaking training in ICL, it helps students make a clear cut line between IHL and ICL, or if similar in a way, be able to make research conclusions over them for future reference.

As a life student, I wish to get an equal share of what I manage to contribute to the existing methods of achieving global peace, this time round, through the legal path. There are critical questions I need to answer like who are making the internal criminal laws, for who, what are the outcomes, does it serve the entire world well or just a few selfish individuals driving their interests home, can they (laws) stand the test of time, when should they laws last, how are the old laws phased out, is the independence of naturals laws put into consideration while drafting laws and, are the laws helping to transform society from the wrongs to the rights or just causing chaos?

So, those questions need answers that I believe can be given at the forthcoming seminar on internal criminal law. Of course, also to mention is the element of career development: by going through some training (s) relevant to my graduate program (Peace and Conflict Studies), a lot of significance will be added to be as well –confirmed through issuance of certificate of attendance. And it is always great to meet learned people and experts in a related field –with whom to compare notes, share knowledge and opportunities for further career development.

Developing my legal mental faculty makes it possible to argue out my cases right –legally in advocacy works, journaling moments and in my future dispensation of services in conflict management. And coming from background of community mental health or psychology, the studies in ICL makes it even most interesting.

Most important, though, is to make ICL and peace studies localized to meet African security, peace and order needs. It would be great if ICL integrated that in ICC legal business in Geneva and made uniform world over in issues related to mental health and justice.

ICL is relatively new. Much meaning to it was attached in the 1990s after the end of the cold war. It shares history with peace studies and research –which too was popularized most around the same time.  ICL came at the time when IHL (or agreements, treaties, and protocols) had a limited coverage world over. The documents had been born on the sole interests on the victor powers and against the defeated ones; for example, subjecting German to compulsory reparation and push to a miserable and minor position in world affairs became a motivation to fight all the arrangements made against it –leading to the famous World War II.

Until now, resolutions are determined by the 5 veto powers on behalf of the entire world. Even the regional blocs –who could determine their course of trends in a given crisis or on international human rights violations are required to seek the endorsement of the UN Security Council before any legal and human intervention is done.  It is this slow pace of decision making or nothing at all that gave room to the genocide in Rwanda.

For instance, on invading Iraq and causing gross loss of lives and property, no legal pass was given to Unites States and United Kingdom but went on the bring suffering to the Iraqs, and instead of bringing Tony Blair to book, he was instead promoted to become UN Envoy to the Middle East.

The ICL is failing to bite and is full of compromises. Some of the dictators worthy trying for the roles in violence against humanity like Pinochet and Pol pot died before they could face the arm of the law. Indeed it was a long arm of the law that could not bite, until such political criminals left power and even died before conviction.

Now Bashir, president of Sudan too might go untouched, and as many other African trouble-some leaders could. And many more world leaders that are a threat to national, regional and global peace still act violently to local dissents and violate protocols at will –without any hand of justice crossing about. Some of them are friends and darlings of the UK and USA. It gives an impression that, not until an international criminal is identified by the UK and USA will the law be activated.

Mobutu Sseseseko of DR Congo is an example of such criminal leaders of the time who caused misery to his people without internal law intervention. Presently for DRC, the walk to democracy is already being challenged by politics of greed. Some presidential hopefuls announce victory long before elections –which makes to the path to democracy very thorny –only leading to bloodshed!

Nevertheless, ICL managed to bring Slobodan Milosevic (FRY) to book, Pierre Bemba (DR Congo), and Charles Taylor (Liberia). Those give good signals that the future with ICL is bright and can be a foundation for justice, order and peace in the law.

Situation Health Analyst
Dishma Inc.
P.O. Box 8885,
Kampala-Uganda
+2567542504dishma.imhs@gmail.com 

Thursday, November 18, 2010

It’s Time to Implement the Anti FGM Law. A Call against Cultural Violence

By

Sylvia Samanya

Just like any other African country, Uganda has numerous tribes, cultures and cultural leaders. Some cultures have signified strong co-existence with the government policies and laws though a few are proving the human rights body, the civil society, legislatures, Religious leaders and women activists toothless barking dogs. Cultural practices in certain tribes like the Female Genital Mutilation among the Sabinys must be condemned.

The Saturday Vision, 6th November, 2010, reported that 200 girls have been lined up in the districts of Bukwo and Kapchorwa for circumcision come, December 2010. For God’s sake, this is an inhuman and myopic act since the practice targets cutting particular parts of the female organs. According to that report, some victims over bleed, die; get birth complications besides getting exposed to dangerous illnesses.

This practice also destroys the self esteem of girls. Arguably FGM is not undertaken with the intention of inflicting harm but, it’s damaging physical, sexual, and psychological effects make it an act of violence against women and the girl child. In the 21st first century, no Ugandan or African should be losing life to culture.

Despite the recent publications in the press exposing the awaiting evil to be administered to innocent girls, no one has risen up to intercept it. NGO’s are busy writing reports about the bad education system, democracy, while other politicians are bickering to disband the electoral commission, but this is also a real issue to be confronted –as it subjects the citizens into absolute misery.

For how long shall we witness this kind of carnage while we bury our heads in the sand? Issues of culture are indeed very complex and sensitive. But I am also sure that before this law was passed there was massive consultation, education and sensitization about it especially in the areas where the practice is commonly carried out.

The Sabiny community especially the cut women that have continuously scolded and thrown scorn to the girls who are not cut do it because of ignorance. These are actions and statements of intimidation, insult and dehumanization to make their colleagues feel less human and not worth in society thus being called outcasts. This is, possibly, why the reason other girls present themselves for the ritual? This should stop as it is abuse of human rights!

The act involves the removal or cutting of the external female genitalia using the razorblades as the instruments of the ritual without medical necessity and usually performed on adolescents girls. In name of culture, this ritual often lives these girls with harmful physical and psychological torture; this act violates the rights to non-discrimination, health, and bodily integrity.

It was clearly stated that the Sbiny are unfazed by the Law against FGM. The elders in Bukwo and Kapchorwa districts confidently say how they swear that the whole tribe would rather move to prison than abolish a custom they inherited from their ancestors. Now these are strong sentiment statements but then who is who and who is above the law? Does this community know the interpretation of the law in the country? This is purely the absence of Government when it legislates and fails to enforce.

Dear members of parliament, what use is it for you to work tirelessly and pass laws that are never embraced and accepted by the natives. Is it going to be a habit to pass laws for the sake of, or those that the local community can never adhere to? It hurts because if this is what the Sabiny community is saying about the law (defiant), why then was it passed prematurely? Where the members of parliament from Bukwo and Kapchorwa not present in parliament while this went on? One of the elders responded “a law can not stop the cultural rite of the Sabiny people unless the community agrees to it”. Was this law not drafted and passed in consultation with the Sabiny community? All these are questions that are in people’s mind.

Worse still is the politics at play as expressed by the Vice – chairman of Bukwo district? He has clearly put it our faces “Myself I will not talk about it because I know it will land me into the political dustbin”, says Chelangat. It is also said that the same happened to former MP- Dr. Steven Chebroti who lost his parliamentary sit in 2000 when he brought the issue in his Tingey constituency. For how long are we going to play cheap politics? People should be educated to know the harm this practice infringes on the health of these girls. These effects can even be years after.

This is equally a very sensitive political period and every politician is on the look out for votes. If the politicians are not willing to talk about it, where are the legislators who proposed and drafted the anti- FGM law, Mama Miria Matembe, Justice Faith Mwondha, Mama Janet Museveni, Prof. (Barrister) Sylvia Tamale, former V.P. Spacioza Kazibwe, Hon. Rebecca Kadaga and many others, the civil society, the women NGOs, the women activities, and the church leaders, the human rights activist? Let’s come out and condemn this act. The ant- Female Genital Mutilation law is in place and the charges are very clear. These girls like any other women have a right. The United Nations should put the government to task so as to ensure strict implementation and enforcement of this law.
We can not quietly sit back and watch accepting it as any other normal and healthy cultural practice.

Culture is naturally known as a superior apparatus for propagating good morals in society. It was reported that after the ritual, many girls drop out of school to get married. Where is the ministry of education? Parents and guardians this has to stop! This practice threatens the lives of girls and women and violates their human right to life, liberty, and security of the person.

As the clock ticks, to December while the Kupsabiny communities sharpen their mutilation instruments, lets all join up and condemn this cultural practice. Government should be put to task. Laws should be effective to the natives and not to just impress the nation and the international community while they can not be implemented. No one is above the law. If this is law then it should be enforced.

The writer is a Humanitarian Worker
Department of Refugees,
Office of the Prime Minister.

Sunday, January 27, 2008

Relationship Greed is Criminal!


From "the lame excuses people give to keep bad women", i find it as promoting man's greed. In Africa, were HIV is rampant, you would be helping to cause deaths to millions. And, psychologically speaking, you would be helping cause mental problems to those in relationship. And a person could form a habit hard to deal with later on.

Economically speaking, you would be draining people of their finances due to divorce. Other perspectives as spiritual would still find it abominable to the act. Wouldn't that be criminal on your part? Secondly, there is nothing like satisfaction once and for all. There is nothing like perfection or 100%. Even nature we inherit is full of errors. Can shifting to another partner on settling with current perfect what nature or God did not.

Most definite one or two things would miss on a partner. Even the next one may be deficient of some of the areas the former had. It is only death which interferes, but a promoter of greed, as you are, would have an adventurous time as much as your followers. But if you made it a person's career to change partners as soon as settling bring undesirable features, then such would not allow one to focus on other life goals.

Yet, settling would help one to do so. But the other side of the coin you can never want to commit yourself are the adverse effects due to your advises. We would agree on scale basis of the word destructive relationship. The word destructive as used is really of high gravity that i would definately agree to in favor of throwing out a relationship. Personally, i have thrown out a few for sensitive reasons. However, one important aspect to note from your previous post is that it did not give a scale. having noted that relationships, however impressive it would have been predicted to be, must have one or two un-wanted items. But how long would one keep throwing out partner on such grounds?

But remember, as i could have mentioned, nature (God) has too provided errors in its set-up resulting into disasters man has to constantly cope with. Can man find perfection in his choices? I have been staying in a university setting for a long time both as i mere resident and as a student. But what i can tell you is that i have escaped several falls and knocks due to looking at every other beautiful ladies that passes.

Sometimes i could wonder whether i will ever settle or wether a search-for-the-best expedition will ever come to an end. But the idea that it can never end helps me put a full stop and focus on career and other life interests. I, there fore, agree with you given the intensity of relationship problem as destructive. It would be un-healthy living to keep oneself there. One would have to find the weakest part of the wall to crack, break and escape. And may be French President Sarcozy was right.

WJ, waiswajacobo@yahoo.co.uk

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