Human Rights Annual Report 2008 - Foreign Affairs Committee Contents


Submission from Democratic Institutions for Poverty Reduction in Africa

HUMAN RIGHTS (IN AFRICA) AND ITS IMPACT ON THE UK

SUMMARY

The BNP and human rights abuse in Africa

  According to Article 25 of the United Nations Universal Declaration of Human Rights (UDHR), "(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control, and (ii) motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

http://www.udhr.org/UDHR/default.htm

As you read these lines, hundreds of thousands of men, women and especially children, are perishing in Darfur, Eastern Congo, northern Uganda, Ethiopia, Somalia and Zimbabwe due to the lack of these basic human rights.

Thanks to globalisation and its impact on communication and transportation systems, the consequence of human rights in Africa is increasingly becoming a common subject of debate in British homes, streets, press and parliament.

On 4 June 2009, the BNP took the debate to a new height and gained two seats in the European Parliament. Instead of demonising the BNP, the government and politicians have to do much more to tackle human rights abuse in Africa if we are to defeat the BNP.

INTRODUCTION

    —  The Democratic Institutions for Poverty Reduction in Africa (DIPRA) is a novel UK based development organisation, which campaigns for the development of independent state institution as the primary vehicle for the delivery of real democracy, lasting peace and sustainable development. —  Although the UK and other donor countries have given Africa over £400 billion in development aid since independence, the continent has become poorer, hungrier and angrier as the vicious cycle of self-destruct civil wars, famine, diseases and refugee exodus testify. Therefore, the lack of development funds cannot be the main cause of poverty in Africa.

    —  Throughout Africa, save for the Republic of South Africa and Ghana, institutions of state, including the Constitution, the judiciary, the army, police, state security, the civil service and the electoral Commission, are designed and managed from the State House to serve the short-term interest of the big man in power.

    —  The 2005 amendment of Uganda's 10 year-old constitution, and death in office of Gabon's president Omar Bongo (9 June 2009); Guinea's president Lansana Conte (23 December 2005), Togo's President Gnassingbe Eyadema (5 February 2006), the Republic of Congo (Zaire) president Mobuto (7 September 1997) and the Ivory Cost president Felix Houphouet-Boigny (7 December 1993), are graphic testimonies to weak institutions of state.

    —  The unspeakable violence which followed the recent elections in Zimbabwe (March 2008), Kenya (December 2007), the Democratic Republic of Congo (DRC) August 2006), Uganda (February 2006) and Ethiopia (2005), have convinced us that the British government should put less emphasis on futile exercise of exporting western liberal democracy to Africa. Instead, they should do more to support the development of independent institutions of state.

    —  It is only the independent institutions of state that would manage and direct meagre local and foreign resources to poverty reduction efforts, plan for and implement the development of necessary social and economic infrastructure, administer the rule of law without fear or favour, protect the environment, fight corruption, and defend fundamental human rights.

AFRICA AND THE UN UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)

    —  Africa may be the cradle of our human race, but the UDHR, which became effective in 1949, has remained an alien concept. —  According to the preamble of the UDHR, "Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world; and whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, now, therefore the General Assembly proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

SPECIFIC ARTICLES AND AFRICA

  With Zimbabwe, Darfur, Somalia, northern Uganda, Ethiopia, the Central African Republic, Chad and eastern Congo in mind, consider the relevance of these articles to Africa:

    —  Article 3. Everyone has the right to life, liberty and security of person;

    —  Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms;

    —  Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment;

    —  Article 6. Everyone has the right to recognition everywhere as a person before the law;

    —  Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination;

    —  Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law;

    —  Article 9. No one shall be subjected to arbitrary arrest, detention or exile;

    —  Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him;

    —  Article 11. (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence;

    —  Article 18. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance;

    —  Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers;

    —  Article 20. (1) Everyone has the right to freedom of peaceful assembly and association;

    —  Article 21. (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (2) Everyone has the right of equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures;

    —  Article 25. (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection; and

    —  Article 26. (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. (3) Parents have a prior right to choose the kind of education that shall be given to their children.

  http://www.udhr.org/UDHR/default.htm

SELECTIVE CONDEMNATION OF HUMAN RIGHTS ABUSE IN AFRICA

  Listening to the Prime Minister Mr Gordon Brown, one could be forgiven for thinking that, save for Zimbabwe under Robert Mugabe, the rest of Africa was a Garden of Eden where total peace prevailed, the streets were paved with gold, and milk and honey was oozing from the skies.

From the House of Commons to the European Union, the G8 and the United Nations, since he took office, Zimbabwe has dominated the Prime Minister's statements.

The former Minister for Africa disagrees

  In his contribution to the parliamentary debate on Africa, held on 19 July 2007, the Labour Member of Parliament for Sunderland said, "I spent two happy years as Africa Minister at the Foreign Office even though there were many enormous African issues to deal with—many of them bigger than Zimbabwe in terms of scale of catastrophe and human suffering, such as events in the Congo region, Angola, Sudan and Liberia. However, Zimbabwe occupied more of my time than any other issue." (19 July 2007 : Column 507)

Uganda, the elephants in Whitehall

Three months before the February 2006 election, president Museveni of Uganda arrested his most credible opponent Dr Kizza Besigye, and charged with rape, terrorism and treason, punishable by death.

Although he was elected as a presidential candidate while in prison, and although he spent 27 of 50 campaign days either in court or reporting to the police, Dr Besigye won an impressive 37% vote share while president Museveni won 57%.

Damning reports on the elections

  In their report, the Commonwealth Elections Observer Group declared "So far as the electoral process as a whole is concerned, it is clear that the environment in which the elections were held had several negative features which meant that the candidates were not competing on a level playing field: the failure to ensure a clear distinction between the ruling party and the State; the use of public resources to provide an advantage to one particular political party; the lack of balance in media coverage (especially on the part of the State-owned media); the harassment of the main opposition Presidential candidate; the creation of a climate of apprehension amongst the public and opposition party supporters, as a result of the use of the security forces; and the use of financial and material inducements"

http://www.thecommonwealth.org/document/190591/191180/176283/177357/149333/cogugandadepstate.htm

  For their part, the European Union Election observer Mission declared "Despite the adoption of a multi-party system, the structures of the Movement system and its officially sanctioned organs remained intact, active and funded by the state throughout the election period, with the effect that the President and his party enjoyed substantial advantages over their opponents, which went further than the usual advantages of incumbency and the existing legal presidential privileges. Further, the President and his party the National Resistance Movement (NRM) utilised state resources in support of their campaign, including use of government cars, personnel and advertising, and received overwhelming and positive coverage on state television and radio. In addition, in a judgment on a petition brought by Dr. Besigye challenging the result of the presidential election, and seeking to nullify the election, the Supreme Court noted a number of serious irregularities in the process. In a very close decision of four votes to three, it ruled that, while not affecting the results of the presidential election in a substantial manner, there was non-compliance with electoral laws through the disenfranchisement of voters and in counting and tallying of results and that the principle of free and fair elections was compromised by bribery and intimidation or violence in some areas of the country, and the principles of equal suffrage, transparency of the vote, and secrecy of the ballot were undermined by multiple voting, and ballet box stuffing in some areas. The Supreme Court also expressed concern about the continued involvement of the security forces in the conduct of elections and the apparent partisan and partial conduct of some election officials."

UGANDA, A CONVICTED REGIME

  On December 19th 2005, the International Court of Justice ordered Uganda to pay $6-10 billion in compensation for war crimes, crimes against humanity and for the illegal exploitation of the natural resources of the DRC. The size of the compensation, $6-10 billion, reflects the scale of the damages caused by Uganda to the DRC. See: Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda)

http://www.icj-cij.org/docket/files/116/10521.pdf

The Commonwealth meeting in Uganda

  Despite these documented abuses by Uganda of basic human rights within and across its borders, the Prime Minister, Mr Brown and Foreign Secretary, Mr David Miliband still led Her Majesty the Queen the November 2007 Commonwealth Heads of Government Meeting (CHOGM) held in Uganda and chaired by President Museveni.

"Colonialism" as deterrence against the UK

Just as the United Kingdom uses its Trident nuclear weapons system as a political weapon to "deter" any potential aggressors, so are the Africans using "colonialism" as an effective deterrence against Britain. The UK's focus on Robert Mugabe has united the African Union and given them a perfect opportunity to use the weapon.

In an interview recorded during the board meeting of the African development bank, held in Shanghai in May 2007, President Museveni of Uganda said:

    "The Western ruling groups are conceited, full of themselves, ignorant of our conditions, and they make other people's business their business. Whereas the Chinese just deal with you, you represent your country, they represent their own interests, and you do business."

  For his part, the former president of Botswana, Festus Magoe said:

    "I find that the Chinese treat us as equals. The West treats us as former subjects. I prefer the attitude of the Chinese to that of the West.

  http://www.danwei.org/china_and_africa/china_and_africa_the_hypocrisy.php

THE UK PAYING THE PRICE FOR FAILURE IN AFRICA

  As China gives cheap loans to Africa and extracts even cheaper raw materials without asking questions about human rights, hundreds of thousands of African victims of human rights abuse will not head to China, but to the UK; thus adding more pressure on social services and race relations.

Desperate dreams

In BBC Radio 4 documentary, Desperate Dreams aired on 8 and 13 January 2007, it was stated that "as Europe wrestles with an influx of migrants from some of the poorest countries in the world, Every year, thousands of young people from sub-Saharan Africa set off across the desert dreaming of a better life in Europe. Jenny Cuffe travels to Africa to examine the problem at its roots and follows the personal journeys of some of those who risk all in pursuit of a dream".

http://www.bbc.co.uk/worldservice/documentaries/2008/01/080123_desperte_dreams_part_three.shtml

  On 31 March 2009, the BBC reported that "More than 200 African migrants are feared dead after their boat sank off the coast of Libya, the International Organization for Migration (IOM) says. The boat carrying around 250 people is reported to have capsized 50km (30 miles) north of the Libyan coast in stormy seas and high winds. A second boat with around 350 migrants was rescued, an official from the IOM told the Associated Press news agency."

  http://news.bbc.co.uk/1/hi/world/africa/7973322.stm

CONCLUSION

  For its own self interest, the United Kingdom should recognise these facts in their formulation of Africa policy, that:

    —  It took over 300 years for the UK to develop the liberal democracy which we now enjoy;

    —  It would be unrealistic to expect Africa which is barely 50 years old to suddenly adopt and practice a perfect western liberal democracy;

    —  Mr Omar Bongo of Gabon is only the latest but not the last African president to die in office. Other candidates who will almost certainly die in office include Egypt's Honsi Mubarak; Libya's Colonel Quadaffi; Zimbabwe's Robert Mugabe; Uganda's Yoweri Museveni; Rwanda's Paul Kagame; the Democratic Republic of Congo's Joseph Kabila; Kenya's Mawi Kibaki or Raila Oginga; Eritrea's Isaias Afeworki; the Sudan's Omar Bashir; the Gambia's Yahya Jammeh and Congo Brazzaville's Denis Sassou-Nguesso;

    —  The UK should post at the centre of its Africa policy, the development of independent state institutions;

    —  It is only independent institutions of state that would manage and direct meagre local and foreign resources to poverty reduction efforts, plan for and implement the development of necessary social and economic infrastructure, administer the rule of law without fear or favour, protect the environment, fight corruption, and defend fundamental human rights;

    —  No legal or physical barrier would stop African asylum seekers from reaching the UK as long as poverty and human rights abuse prevail in the continent; and

    —  The more population and man-made poverty increases in Africa, the more asylum seekers will break through any barrier; and the more the BNP will grow, in direct proportion.

28 June 2009






 
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Prepared 9 August 2009