Category: Politics

A top ally of Congolese President Joseph Kabila on Saturday raised the possibility of a constitutional referendum to alter the number of terms he can serve, defying opponents and western powers who insist Kabila should leave office this year.

Term limits in Democratic Republic of Congo’s 2006 constitution bar Kabila, who has ruled the central African country since 2001, from running for a third elected term in a presidential poll scheduled for November.

The government, however, has said the election is likely to be pushed back because of budgetary and logistical problems. The country’s constitutional court ruled last month that Kabila would remain in office if the vote does not take place on time.

The presidents of neighboring Congo Republic and Rwanda last year pushed through constitutional changes by referendum to allow them to stand for third terms, but Kabila would likely face considerably more opposition to any such move.

Yet in a speech to thousands of supporters at a rally in the capital Kinshasa to celebrate Kabila’s 45th birthday, the secretary-general of his PPRD party, Henri Mova Sakani, said that a constitutional referendum was an option.

“If the people decide to go to a referendum, they are going to do it,” he said. “The people of Congo Republic did it. The people of Rwanda did it… Learn to read the signs of the times.”

Western powers have repeatedly called on Kabila to organize the presidential election and step down this year, with the United States and Britain threatening sanctions in the absence of concrete progress.

They fear that political instability in Congo, which has never experienced a peaceful transition of power and where millions died in regional wars from 1996-2003, could ripple beyond the country’s borders.

Dozens died in protests in January 2015 against a revision to the election law that opponents said was a pretext to keep Kabila in power beyond this year. The United Nations and rights groups say the government has since arrested dozens of its critics on trumped-up charges.

Kabila has declined to comment publicly on his future plans. Meanwhile, his allies have adopted an increasingly intransigent tone toward foreign critics, with Mova telling advocates of sanctions at a rally last month: “you won’t scare us.”

The United States has sanctioned two Burundi government officials and one rebel leader over violence in the country linked to President Pierre Nkurunziza’s extended tenure.

Those sanctioned are military commander Marius Ngendabanka, security official Ignace Sibomana and rebel leader Edouard Nshimirimana, the U.S. Treasury Department’s Office of Foreign Assets Control said in a statement late Thursday.

The three men were sanctioned for engaging in actions or policies that threaten the peace, security or stability of the East African country, the statement said.

According to the United Nations, at least 400 people have died since Nkurunziza ran for and won a third term in July that many called unconstitutional.

On Friday, U.N. Spokesman Farhan Haq said his organization has decided not replace Burundian police units serving as peacekeepers in the Central African Republic when their tour of duty ends, due to the situation in Burundi.

He also said Secretary-General Ban Ki-moon “urges all stakeholders to commit to a genuine and inclusive dialogue in order to move forward with resolving this crisis.”

The U.S. in November also sanctioned officials including Burundi’s minister of public security and a leader of the national police.

Burundi’s military spokesman Col. Gaspard Baratuza declined to comment on the latest sanctions, which freeze all assets in the U.S. of those named and prohibit U.S. nationals from engaging in transactions with the men.

Ngendabanka is alleged to be one of several Nkurunziza government officials alleged to be involved in “purification” operations in the capital, Bujumbura, against those opposed to the president’s third term, the U.S. statement said.

He allegedly assigned squads of Burundi soldiers to arrest, torture and assassinate opposition figures in Burundi, the statement said.

Sibomana is a security official linked to Nkurunziza’s inner circle and has been involved in operations to target those opposed to the government, the U.S. statement said.

Nshimirimana is a former senior Burundian army officer who leads the Force Republicaine du Burundi, or FOREBU, rebel group, which launched in December, the statement said. FOREBU was behind attacks on military camps in which least 87 people were reportedly killed in Bujumbura, the statement said.

Kampala. Religious leaders have thrown their weight behind the calls for electoral reforms despite President Museveni saying Uganda does not need such reforms because it is one of the highly democratic countries in Africa.

“The assembly [Uganda Joint Christian Council (UJCC)] noted that elections constitute the building of democratic governance, which is essential for peace and sustainable development.

“The assembly expresses concern about the minimal nature of constitutional and electoral reforms that were undertaken in the run-up to the general election held in 2016,” the UJCC executive secretary, Rev Fr Dr Silvester Arinaitwe Rwomukubwe, said.

“In that regard, the assembly asked UJCC secretariat to continue to engage the government, political parties and all other stakeholders on the issues of comprehensive electoral reforms based on adequate consultation involving all stakeholders, including the civil society fraternity,” Rev Fr Rwomukubwe added.

He was addressing the press at Jevine Hotel during the closing of the UJCC annual meeting on Thursday. It was attended by the Council Chairperson and Archbishop of the Church of Uganda Stanley Ntagali, Co-chairperson Dr Cyprian Kizito Lwanga and a representative of Kampala Metropolitan Jonah Lwanga and Fr Stephen Lunagula. Government has ignored repeated recommendations by civil society, the opposition and other organisations to appoint an independent electoral commission to manage national elections. ]

The religious leaders meeting under the theme ‘‘striving for greatness through servanthood (Mathew 23.11)” also condemned sex education in schools, abuse of alcohol and called for sensitisation of the public on the proposed Islamic banking.
“We are making all these recommendations in good faith. The Church believes in dialogue and not confrontation,” ArchBishop Kizito Lwanga said.
Archbishop Ntagali called for dialogue between the ruling National Resistance Movement party and the opposition parties.

The opposition disputed the results of the February 18 elections, which President Museveni who won with 60 per cent of the vote. The opposition said the elections were rigged in favour of Museveni, a claim the NRM denies.
Former presidential candidate Kizza Besigye of FDC took the lead in disputing the elections and insisted he won the elections with 52 per cent with Mr Museveni receiving 45 per cent. He is now in Luzira prison on treason charges following a video posted on social media in which he appears to be swearing in as the new president of Uganda.

The reforms

Some of the electoral reforms demanded by the Opposition include:

•The Opposition demanded that an independent Electoral commission appointed by the Judicial Service Commission and approved by Parliament be instituted.
•Presidential term limits be reinstated in the Constitution.

•Putting an end to the use of military and other security agencies in elections.

•They demanded that the army be removed from Parliament.

•Equitable access to both private and public media during campaigns

•Provide for a running mate for the President

•Voters should be empowered to challenge the presidential result.

•Increase time given to challenge the presidential elections from 10 to 21 days.

•Supreme Court delivering the judgment after the elections be revisited.

President Pierre Nkurunziza has given armed gangs in Burundi 15 days to surrender to authorities and hand in their weapons or face unspecified action.

Nkurunziza was speaking during a visit to Mugamba district, some 65 km southeast of the capital Bujumbura, where many local officials have been killed in recent weeks.

Tit-for-tat attacks between Nkurunziza’s security forces and his opponents have escalated since April 2015 when he announced a disputed bid for a third term. He won re-election in July.

“We give them 15 days to surrender,” Nkurunziza said of the armed gangs on Wednesday. “On the 15th (of June) we will put a stop to (the violence). I came to tell you that we won’t rest until security is restored.”

The government conducted a similar arms mop-up in the capital in November.

Burundi police said in early May that more than 450 people had been killed in unrest that began a year ago. The United Nations says over 250,000 have fled the country since last April.

A new round of peace talks between the government and its opponents aimed at ending the political crisis was launched in the Tanzanian city of Arusha in late May. Previous discussions in Burundi and Uganda over the past year collapsed or stalled.

Government last evening withdrew its application that was intended to extend a court order that had banned all the defiance campaign activities of Opposition Forum for Democratic Change (FDC) party and its former presidential candidate Kizza Besigye.

The application for the new interim orders had been scheduled for hearing yesterday at 3pm. However, the Attorney General (AG) who was the applicant in the matter, in a notice to the Constitutional Court, withdrew the application without giving any reasons.

The application had been scheduled to be heard by Deputy Chief Justice Steven Kavuma. The same judge, sitting as a single justice of Constitutional Court, had issued interim orders banning defiance activities for four weeks effective April 29. They expired at the weekend.

The Constitutional Court had on Wednesday summoned FDC party officials and Dr Besigye to appear for the hearing of the new application for interim orders.

“We do hereby apply to withdraw the above captioned applications under Rule 2 (2) of the Court of Appeal Rules with no orders to costs…” read in part the Attorney General’s letter signed by Mr Denis Bireije, the acting director of civil litigation.

The withdrawal means FDC party members are at liberty to resume their defiance campaign activities such as holding their proclaimed weekly prayers, holding peaceful demonstrations and the media is no longer constrained to give a live coverage of the same activities.

In a related development, Dr Besigye, who is currently held at Luzira prison and had been listed as one of the respondents in this application, had written, informing court that he was unable to file his response before the application was later withdrawn.

Dr Besigye, who is facing treason charges for allegedly swearing-in himself as the president of Uganda, explained in a letter to court that since he is representing himself, he has to personally be present in court.

He added that in case he was not delivered to the court by the prison authorities, the hearing of the application shouldn’t proceed.

“Today June 1, 2016 at 13:30 hours, I was served with this application which requires me to file a response in time for the hearing at 15:00 hours tomorrow (yesterday). I am incarcerated at Luzira prison since May 18, 2016 and I was not permitted to attend court in another matter in Nakawa Chief Magistrate’s Court,” Dr Besigye said.

Dr Besigye speaks out
“It is logically difficult to respond within the time given. I am advised that the rules of this court require at least two days’ notice between the service and the hearing,” he added.

“I would like to be present so as to raise arguments against the application since I represent myself. In the event that I am not produced by the prisons authorities as it happened today (on Wednesday), I would like to be put on record and notify the judges hearing the application should not proceed in my absence as to do so, would be to violate my rights under article 28 (5) and 44 (c) of the Constitution.”

Shortly after the flop of the hearing of the new interim orders, human rights lawyer Ladislaus Rwakafuuzi, who had come to represent the FDC party in court, told journalists that the AG feared to continue with this application without the physical presence of Dr Besigye.

He explained that the law demands that the respondent be present in court and that the State could not secure his presence in court as it would attract more than one million city dwellers who are his supporters to come to court.

At Uhuru Park, Mr Odinga said the invitation had come too late.

Cord leader Raila Odinga on Thursday told a prayer meeting in Kisumu that he and President Uhuru Kenyatta had agreed to form a team to spearhead talks on how to disband the electoral commission.

But State House has said that that was not true.

During the prayer rally to mourn the three people who were killed during IEBC protests last week, Mr Odinga also named the five people that will represent Cord in the talks, which he said had been agreed on at State House on Tuesday.

“I am ready to swear with the Bible. We agreed that we should come up with a team of five each from the coalitions, and it is very dishonest of the President and his Deputy to lie to Kenyans on national television,” Mr Odinga said.

He was referring to President Kenyatta’s sentiment during Madaraka Day celebrations that it was not possible for a few people to have their way at all times.

A statement from State House late Wednesday refuted claims that Mr Kenyatta and Mr Odinga had agreed to form a 10-member team to lead talks on how to disband the Independent Electoral and Boundaries Commission.

The statement by State House Spokesman Manoah Esipisu said the President supported the mechanism set out in the Constitution, which gives Parliament the power to remove commissioners after receiving petitions.

Mr Odinga said he had given the governing Jubilee Coalition until Sunday to appoint its team.

He also named Senators James Orengo (Siaya), Johnson Muthama (Machakos) and MPs Eseli Simiyu (Tongaren), Mishi Mboko (Mombasa) and Junet Mohammed (Suna East) to represent Cord in the talks.

Earlier Balambala MP Abdikadir Aden had been named to the team but Mr Mohammed was picked to replace him.

NOT ILLEGAL
Speaking during the Kisumu prayer rally, Mr Odinga said: “We are waiting for five names from Jubilee. Should they fail to give out the names, I will be leading the Opposition to the streets on Monday as usual.”

He said it was not wrong to agree outside Parliament and gave an example of the 1997 Inter-Parties Parliamentary Group and the Serena talks which led to the formation of the Grand Coalition Government in 2008.

“It is not unconstitutional to hold talks out of Parliament. In Serena those who sat for the talks that included Deputy President William Ruto were MPs but still agreed on the formation of the Grand Coalition government in a hotel,” Mr Odinga said.

On Wednesday, State House said it had not agreed to form such a team.

Meanwhile, sources have said that a failed phone call from State House on Tuesday evening could have been to blame for the failure by Mr Odinga and Ford Kenya Leader Moses Wetang’ula to honour the President’s Madaraka Day invitation.

Mr Kenyatta, who met the two leaders on Tuesday, had invited them to Nakuru where this year’s national celebrations were to be held.

However, neither Mr Odinga nor Mr Wetang’ula showed up. Instead, they waited in Nairobi for the State function to end before addressing a rally at Uhuru Park.

Cord leaders said they waited for a call from State House but it never came. They said President Kenyatta and Mr Ruto were to call Mr Odinga in the night after seeing off visiting South Korean President Park Geun-Hye.

According to Cord leaders, the call had not come by 6am on Wednesday. It was then that Mr Odinga communicated his decision to his allies, confirming he would not travel to Nakuru.

Sources in Cord also said that a military helicopter had been reserved to fly Mr Odinga and Mr Wetang’ula to Afraha Stadium.

The helicopter had been waiting for the two at the Kenya Broadcasting Corporation grounds at Karen, near Mr Odinga’s home. They never boarded it.

And at Afraha, two seats reserved in the front row of the presidential dais for the Cord leaders remained unoccupied during the celebrations.

TOO LATE

On Thursday, State House sources refuted the claims by the Cord leaders. They said the telephone call was only meant to discuss Cord’s Uhuru Park rally in view of the visit by Turkish President Tayyip Erdogan. Mr Erdogan arrived in Nairobi on Thursday.

The State House sources said it was Mr Ruto — not the President — who was to call Mr Odinga after consulting the Inspector-General of Police on security arrangements.

The sources said it was Mr Ruto who had raised the security issue because the Cord rally was slated to take place between President Park’s departure and arrival of President Erdogan.

According to the sources, Mr Odinga raised the issue of IEBC commissioners but the President told him that they would discuss it after the Madaraka Day celebrations.

The President was said to have indicated that since both sides were in agreement about reforming IEBC, they could go together to Nakuru and start talks over the commission thereafter.

He, however, insisted that Parliament remained the best option.

It was then agreed that the two Cord leaders would travel to Nakuru and arrangements would be made to fly them to Nairobi for their rally later in the afternoon.

Addressing wananchi during the celebrations on Wednesday, President Kenyatta said: “I invited them but I don’t know why they didn’t come.”

At Uhuru Park, Mr Odinga said the invitation had come too late.

“This is not an act of defiance,” he told the rally. In Kisumu on Thursday, Gem MP Jakoyo Midiwo blamed Mr Ruto for the failure of the talks to take off.

The President asked leaders to lead by example, acknowledging the good work of others and criticising constructively where necessary.

President Kenyatta on Wednesday termed as disrespectful Cord leaders’ decision to ignore his Madaraka Day invitation and instead carry on with their rally at Uhuru Park, Nairobi.

Speaking in Nakuru, where he presided over the 53rd Madaraka Day celebrations — the first such national event outside Nairobi — Mr Kenyatta said Cord leaders should respect the rule of law and embrace dialogue.

“I invited them (for the Nakuru celebrations) but I don’t know why they didn’t come,” said the President. “Maybe they have decided to go and have their own elsewhere, but they should know one day they will also want to be tolerated, and it is imperative, therefore, that they respect those in power.”

The President asked leaders to lead by example, acknowledging the good work of others and criticising constructively where necessary.

“This is the core of great leadership — and this is the leadership with which I am looking to partner as we seek greatness,” he said.

He said while Kenyans love politics, it should be exercised with moderation, terming lack of it “a fire that can destroy the house we have so painstakingly built these last 50 years”.

“It must be tempered with the moderation of wisdom. As your fourth President, I remind you that we shall have a fifth, a sixth, and even a tenth President. Leaders will come and go, but Kenya will remain,” he said.

The President and his deputy, William Ruto, criticised Cord’s strategy of weekly protests and its hardline stance against the Independent Electoral and Boundaries Commission, warning that the coalition’s behaviour could cause unrest in the country.

“Let us respect each other and follow the law and Kenya will make progress,” said the President. “It is not possible that if you do not like a decision or institution, you demand that it is disbanded or reject it. We must all be faithful to the Constitution; it is about the rule of law.

“We can differ — and that is okay in a democracy — but it cannot be that things must always go your way as an individual or a few, it becomes hard,” he said.

REMAIN A NATION

Thousands of Kenyans attended the national Madaraka Day celebrations, held at the iconic 17,000-seater Afraha Stadium in Nakuru.

Mr Kenyatta and Mr Ruto, in their speeches, said all Kenyans, irrespective of class and status, must respect the Constitution.

“It is the only way we can remain a nation, the only way Kenya can make progress,” the Deputy President said.

Mr Kenyatta warned that the continued hard stance taken by Cord in addressing issues of contention risked putting the country in trouble, calling upon the Opposition to support the government in nation building.

He cited Nakuru as one region whose people have experienced, first-hand, the consequences of violence and bad politics, and used the opportunity to urge respect and dialogue.

He said it was ironical that Cord leader Raila Odinga and his brigade supported the adoption of the Constitution but have issues with some of its provisions.

“How can it be that the same people who supported the Constitution now find it hard to adhere to it?” he posed. “Law cannot be good only when it is in your favour and bad when it is not. We cannot work like that.”

Mr Ruto accused Cord of engaging in personality politics and pursuing selfish interests.

“We have the most progressive and robust Constitution, made by Kenyans themselves. I now wonder why we want to transact the business of Kenya over a cup of tea, tête-à-tête and street demos clouded in teargas,” said the Deputy President.

“We cannot address issues in a way that is subject to the whims of personalities or individuals or groups. The business of Kenya is so important and cannot be left to the designs of a few people,” he added.

Mr Ruto said Cord must respect court orders barring its weekly demonstrations. “The court decided our friends in Cord can have their meeting in Uhuru Park, because we respect the rule of law, when the court decided we accepted its decision,” he said.

“The same court decided that they cannot continue with demonstration in the country; we expect them to respect the decision. They cannot continue to torment the country with demos every Monday,” he said.

The President used the occasion to highlight some of his government’s achievements in the last three years, citing the tablets to schools, connection to the power grid, expanded and better roads, access to safe water and medical care and the cash stipend to the elderly as some of the major scores for the Jubilee administration.

He said two of the three national days will be celebrated outside Nairobi and announced that Machakos would host this year’s second national holiday — Mashujaa Day, to be celebrated on October 20.

Several dignitaries attended the celebrations, including various diplomats, Cabinet Secretaries, Speaker of the Senate Ekwe Ethuro, National Assembly Speaker Justin Muturi, Chief Justice Willy Mutunga, and members of the clergy.