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Wednesday, 1 April 2015

[AfricaRealities.com] Re: [AfricaRealities] "Rwanda's Untold Story," BBC Documentary Offers Compelling Case Of Kagame As War Criminal | Black Star News

 


Dear Sir/Mme
Could publish this new issue that will make pice trouble in Congo Brazzaville please. Mr Denis Sassou Nguesso want kill the Opposition leader of Uni pour Le Congo (UPC). Because he is against the change of constitution and say no to Dialogue. Read the link please
https://www.facebook.com/n/?photo.php&fbid=928547067175737&set=a.204452152918569.49801.100000613588076&type=1&medium=email&n_m=oarfdc%40hotmail.co.uk

Kind regards

George Espoir 

Sent from my iPad

On 7 Oct 2014, at 12:07, Nzinink nzinink@yahoo.com [AfricaRealities] <AfricaRealities@yahoogroups.com> wrote:

 

"RWANDA'S UNTOLD STORY," BBC DOCUMENTARY OFFERS COMPELLING CASE OF KAGAME AS WAR CRIMINAL 



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Rwanda's Paul kagame -- BBC documentary questions popular narrative of Rwanda's calamity

Early reviews and reactions on social media, indicate that the BBC documentary "Rwanda's Untold Story" is changing the long-established "Rwanda genocide narrative" carefully crafted by the victors in the 4-year war for power in Rwanda, with assistance from U.S. and UK allies.

As the U.K. Daily Telegraph's critic Gerard O'Donovan observed in his four-out-of-five stars review:  "Interviewing academics, survivors and former henchmen of Kagame, Corbin embarked on a forensic deconstruction of the official history of the genocide (which puts the blame entirely on the Hutus). Studies by two American researchers suggested that hundreds of thousands of Hutus could have been killed too, possibly by RPF forces. A UN report expressing similar concerns had allegedly been suppressed. Belgian historian Prof Filip Reyntjens suggested that Kagame could be one of the 'most important war criminals still in office today'".

Reporter Jane Corbin and Producer John Conroy reveal, through documentary evidence and first-hand accounts, that the Clinton and Blair administrations began covering-up Rwanda President Paul Kagame's role in the April 6, 1994 presidential assassinations of Juvenal Habyarimana and Cyprien Ntayarmira that triggered Rwanda's Genocide, almost immediately.

This U.S. and UK-sponsored impunity for Kagame's and the RPF's crimes in Rwanda and Congo from 1993 to the present, for "genocides in plain sight," reported in UN and State Department documents, have cost more than 5 million lives. In Rwanda, a brutal dictatorship reigns at gunpoint.

In the BBC documentary, "Rwanda's Untold Story", interviews with the former UN officials; former RPF officials; and contemporaneous documents make out a compelling case that the evidence of Kagame's culpability for the assassination of Habyarimana and Ntayarmira has long been in the hands of the UN Prosecutor:

·        Former Chief Prosecutor del Ponte in this documentary confirms she had the evidence to prosecute Paul Kagame and his RPF military for the assassinations and war crimes as early as 2002, but was removed from her UN office by the U.S. and UK in 2003 when she tried;

·        Former FBI Special Agent James Lyons explained that he was a member of the elite UN investigative team in early 1997 that recommended then-Chief Prosecutor Louise Arbour prosecute Kagame for the assassinations and other war crimes, Arbour fired the investigative team including Lyons;

·        Col. Marchal, second-in-command to Gen. Dallaire in the UN Mission to Rwanda, explained how the assassination of President Habyarimana was part of the military strategy of the aggressive and militarily superior RPF army to de-stabilize the defending Habyarimana forces; and,

·        RPF Lt. Ruyenzi, formerly of Kagame's personal Headquarters detail now in exile, explained Kagame's elated reactions with other military leaders on the night of the assassination, when the orders for the final assault for power were given.

·        The September 1994 Memo to President Bill Clinton's Secretary of State Warren Christopher confirms the Clinton Whitehouse was informed of mass RPF crimes two months before the U.S. voted to establish the UN Tribunal for Rwanda.

·        Former Chief of Staff Gen. Kayumba Nyamwasa, another former Chief of Staff admitted to his role in the conspiracy to assassinate Habyarimana, as described in Indictments issued by French and Spanish Judges.

·         Another former Chief of Staff, Dr. Theogene Rudesingwa admitted to his role in the cover-up in a voice-over while the visual showed his meetings with President Clinton during Rudesingwa's term as Rwandan Ambassador to the U.S.       

The one-hour documentary: "Rwanda's Untold Story," that aired on Oct. 1, 2014 is the first mainstream media telling of the narrative that was revealed in documentary evidence at the UN International Tribunal for Rwanda as early as 2007, and in public statements to the UN Security Council by Carla del Ponte in 2002 before she was removed from office. 

The narrative heard by the UN Tribunal, supported by UN and USG documentary evidence, describes the RPF as the military aggressor that intentionally triggered mass violence as a military strategy, using the same scenario that occurred after Burundi's President was assassinated in October 1993 when some 200,000 Hutu peasants were massacred by the Burundian army which was Tutsi-controlled.

The evidence before the UN Tribunal for Rwanda resulted in the entire military-political leadership of the defeated government of Juvenal Habyarimana being acquitted of long-term planning or conspiracy to commit genocide, or other war crimes, against civilian Tutsis prior to mass violence breaking out in reaction to the assassinations of the two presidents on April 6, 1994. 

The narrative of "Rwanda's Untold Story" reflects the central facts of "the Rwanda genocide" narrative first described, in court, as the "alternative description of the mass violence that swept Rwanda" in the November 2007 Ntabakuze Defense ICTR Trial Brief. The alternative narrative resulted in the acquittals of the Military-1 defendants on all charges of "conspiracy and planning to commit genocide" in December 2008.

Thiery Cruvalier, writing in The International Justice Tribune in December 2011, when the UN Appeal Chamber agreed that the supposed "architect of Rwanda's genocide" Col. Theoneste Bagosora and his three co-defendants, committed no crimes before Habyarimana's plane was shot down, said the Rwanda genocide was "Brainless" because there was no evidence it was planned, or the result of a conspiracy. 

By December 2013, the Appeal Chamber had upheld these acquittals as did the Trial Chambers in the Military-2 and Government-1 and 2 trials.

This is also the point of my 2013 book, "The Accidental Genocide," which relies on original UN and United States Government (USG) documents, to describe the "logic" of the four-years of war given the imbalance of forces created by the RPF becoming the major military power in the region between January 1991 and January 1993 while in the Virunga Mountains in Uganda. 

The RPF grew by ten-fold in the number of troops under arms and was transformed from a defeated conventional army of "NRA Ugandan-Rwandan deserters" to a highly effective light infantry capable of seizing power, according to Gen. Dallaire in his Reconn. Report  to the UN Security Council in September 1993. This rapid transformation in two years on Ugandan territory required nation-state sponsorship. Then as now, the UK is Uganda's largest donor and its Ministry of Defense (MOD) a major supplier.

In "Rwanda's Untold Story," interviews with U.S. academics, Dr. Allan Stam and Dr. Christian Davenport of the U. of Michigan and former ICTR Prosecution experts shed light on the RPF government's claims that 300,000 Tutsi remained in Rwanda after the genocide. Census and UN figures show 500,000 were present before the genocide. If, there were "1,000,000 victims" as the world has been told in the popular account, the vast majority of those killed must have been Hutus, or the size of the tragedy must have been more in keeping with the "Burundi genocide" of October 1993 in which some 200,000 to 300,000 Hutu peasants were killed by the Burundian Tutsi-controlled and dominated military. In any case, a very large number of Hutu-victims must be included in "the victims of the genocide" as these experts and the documentary show.

However, in Rwanda such a suggestion is a crime that resulted in 2010 Rwandan Presidential candidate Victoire Ingabire being sentenced to 17 years in prison for asking where can "the memorials to Hutu victims" be found?  The "Rwanda genocide" is now called the "Genocide against the Tutsi" and all Hutu are required to accept their collective guilt for crimes committed against the Tutsi, when in fact all could not have been involved.  All of which give lie to the claim by the RPF government that "there are no ethnicities in Rwanda, anymore."  Ethnic discrimination is hardwired into Rwandan society through the mechanism of collective guilt and punishment.

Some commentators have expressed amazement that, despite the shocking nature of these revelations there is very little that is "new" in the BBC documentary. Most of the sources and documentary evidence has been available for years and has been hiding in plain sight. 

Much of it can be found in the records of the UN Tribunal for Rwanda, although this database has been made virtually impenetrable for the untrained.

The BBC has "broken the spell" of organized denial regarding the role of Paul Kagame and his U.S. and UK allies in sponsoring and covering-up their own role in the Rwanda genocide, and the resulting 20-years of massive human misery in central Africa.

It's time for other mainstream media to experience a similar awakening from quiescent slumber that permits monstrous crimes of U.S.-supported criminals to continue unchecked by public opinion, much less the rule of law.

 

Erlinder is Director, International Humanitarian Law Institute, St. Paul, MN; past-President of the National Lawyers Guild, NY, NY; past-President of UN-ICTR Association des Avocats de la Defense, Arusha, Tanzania; Professor of Law (ret.) Wm. Mitchell College of Law, St. Paul, MN. 

Contact: (651) 240-1272www.ihli.orgproferlinder@gmail.com 

- See more at: http://www.blackstarnews.com/us-politics/justice/rwandas-untold-story-bbc-documentary-offers-compelling-case-of-kagame-as-war#sthash.PNz4MUNY.mTBi9UIC.dpuf



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Posted by: GEORGE ESPOIR <oarfdc@hotmail.co.uk>
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The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.
I have loved justice and hated iniquity: therefore I die in exile.
The price good men pay for indifference to public affairs is to be ruled by evil men.
When the white man came we had the land and they had the bibles; now they have the land and we have the bibles.
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Tuesday, 31 March 2015

[AfricaRealities.com] Rwanda - ‘Under no circumstances’ clause is inviolable, Pambazuka

 


FEATURES

'Under no circumstances' clause is inviolable

On Rwanda's presidential terms limit in the 2003 constitution

Charles KM Kambanda

2015-03-25, Issue 719

http://pambazuka.org/en/category/features/94279

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There is no legal instrument or method to circumvent the presidential terms limit under Article 101 of Rwanda's constitution, save for a coup which would suspend or abrogate the constitution in its entirety. By the letter and spirit of the 2003 constitution, while the length of a presidential term may be decreased or increased from the current seven years, the two terms limit cannot be legally lifted.

A systematic move to drop presidential terms limit to allow the incumbent Paul Kagame to run for the same office after his two constitutional terms expire in 2017 has gained momentum in Rwanda. Top Kagame regime officials are on a crusade to 'popularize' dropping terms limit from the constitution arguing that no Rwandan but Kagame is capable of leading the country. It appears the Kagame regime wants to give an impression that 'the people' are begging Kagame to stay in power, yet the people passed their verdict in the 2003 constitution, Article 101, that 'Under no circumstances shall a person hold the office of President of Republic for more than two terms'. 

WRONG ARGUMENT, SELFISH MOTIVE

The gist of the Kagame regime argument is that 'the people' have powers to change any provision of the constitution at any time 'the people' believe a provision, or a combination of provisions, in the constitution has/have been overtaken by events. The common stanza in Kagame's camp is that no Rwandan is capable of leading the country; Kagame cannot go just because the constitution dictates so. The constitution must be amended to save Kagame for the country's First Office. 

It appears to me that the First Office is Kagame's shield from prosecution for his alleged crimes of international concern in Rwanda and in DR Congo. In addition, Kagame has allegedly butchered both the Hutu and Tutsi way too much that he believes – and rightly so – that no Rwandan, Hutu, Tutsi or otherwise, would take power and keep him as a free man. Kagame has harassed, tormented and incapacitated his predecessor, President Bizimungu. President Kagame probably fears that if he leaves the First Office, his successor will treat him in the same way he has treated his predecessor. It is evident that the Presidency is to President Kagame what water is for fish in the pond. Kagame will probably stop at nothing to hold on to power as long as it is possible for him to hold on to power. Kagame took power by the gun and he rules by the gun. It is obvious that his preoccupation is not rule of law. 

It is my submission that regarding presidential terms limit, under Rwanda's constitution, Kagame has only two options: either to abide by the Article 101 provision that 'Under no circumstances shall a person hold the office of President of the Republic for more than two terms', or overthrow the constitution and his government, which would allow him to write a new constitution. 

STRATEGY TO OVERTHROW THE CONSTITUTION

Article 101 of Rwanda's constitution provides that: 'The President of the Republic is elected for a term of seven years renewable only once. Under no circumstances shall a person hold the office of President of the Republic for more than two terms'. This constitutional provision is categorical on three major things:

(a) No circumstance – external or internal, political or social, present or future by any institution or individual - may be the basis for allowing any person to be president if that person has served two terms. Clearly stated, no amendment to this provision is possible because any reason or ground to amend the two terms cap under Article 101 would amount to 'circumstances' hence triggering the 'under no circumstance' clause of Article 101.  

(b) Whether one serves two presidential terms uninterrupted or interrupted, two terms is the cut-off point; no person can hold that office beyond two terms under the 2003 Rwanda constitution.

(c) Serving more than two terms is as prohibited as amending Article 101. Consequently, as long as the 2003 constitution is in force, no circumstance – including 'the people's' zeal to keep Kagame - is permitted to modify this provision. 

ARTICLE 101 CANNOT BE AMENDED USING ARTICLE 193

Article 193 provides that: 'The power to initiate amendment of the Constitution is vested concurrently in the President of the Republic upon the proposal of the Cabinet and each Chamber of Parliament upon a resolution passed by a two-thirds majority vote of its members. The passage of a constitutional amendment requires a three quarters majority vote of the members of each chamber of Parliament. However, if the constitutional amendment concerns the term of the President of the Republic or the system of democratic government based on political pluralism, or the constitutional regime established by this Constitution especially the republican form of the government or national sovereignty, the amendment must be passed by referendum, after adoption by each Chamber of Parliament…' Apparently, the Kagame regime wrongly believes that the constitutional amendment procedure under Article 193, including a referendum, applies to Article 101 on presidential terms limit as well. 

Articles 101 and 193 of Rwandan constitution are distinguishable. First, Article 101 has two distinct parts (sections). The first part deals with the number of years each term lasts: 'The President of the Republic is elected for a term of seven years renewable only once'. This part is clearly amendable under Article 193 because Article 193 provides that, 'The power to initiate amendment of the Constitution is vested concurrently in the President of the Republic upon the proposal of the Cabinet and each Chamber of Parliament […] However, if the constitutional amendment concerns the term of the President of the Republic or … the amendment must be passed by referendum, after adoption by each Chamber of Parliament…'. The second part (section) of Article 101 deals with the number of terms a person can be in office, thus, 'Under no circumstances shall a person hold the office of President of Republic for more than two terms'. Therefore while Article 193, which provides for the 2003 constitution amendment procedure, provides for amendment to the number of years per presidential term, Article 193 does not tamper with the presidential terms limits (the two terms) because Article 101 itself sealed off presidential terms limit from amendment with the "under no circumstance…" clause as long as the 2003 constitution is in force. In Article 193, like Article 101, the word term (singular form) refers to the number of years per presidential term while the word terms (plural form) refers to the number of terms a person can be a president. 

Second, whereas under Article 193 the president and parliament may initiate an amendment to the constitution, Article 101's 'under no circumstance' clause prevents the president or parliament from initiating amendment to Article 101 section on presidential terms limit because any reason(s) and/or circumstance(s) for such amendment would trigger Article 101 'under no circumstances …' clause. 

Third, whereas Article 193 provides for amendment of other provisions of the constitution for the constitution to adopt to changing circumstances, using any circumstance thereof would be inconsistent with Article 101 'under no circumstance' clause. Consequently, any law that seeks to amend Article 101 to reflect changing circumstances (political or social) - to the extent that it is inconsistent with Article 101 'under no circumstance' clause - is null and void under Article 200 of Rwanda's constitution, which provides that: 'The Constitution is the supreme law of the State. Any law which is contrary to this Constitution is null and void'. 

REFERENDUM TO AMEND SECTION ON TERMS LIMIT WOULD BE ILLEGAL AND A NULLITY

Article 101 of Rwanda's constitution cannot be amended by referendum because such a referendum or circumstance leading to it would amount to circumstance which Article 101's 'under no circumstance …' clause prohibits. 

A referendum on Rwanda's constitution is provided for to amend, inter alia, the number of years one presidential term can last as provided for under Article 193: '… if the constitutional amendment concerns the term of the President of the Republic or the system of democratic government based on political pluralism, […] the amendment must be passed by referendum, after adoption by each Chamber of Parliament…'. 

Therefore, while one presidential term can be increased or decreased to any number by referendum, the two presidential terms limit under Article 101 can never be changed under the 2003 constitution because 'Under no circumstances shall a person hold the office of President of Republic for more than two terms'.

Article 193 of Rwanda's constitution is wrongly cited by the Kagame government as the basis for overriding Article 101 which slaps a complete ban on a person's stay in power after serving two terms. The Kagame government's appreciation of the two articles of the country's constitution is erroneous because the two articles address different issues. There is no inconsistence between Article 101 and Article 193. In any case, the framers of Rwanda's constitution could not have intended that one article of the constitution invalidates another provision of the same constitution.

Article 101 of Rwanda's constitution cannot be amended. The framers of Rwanda's constitution worded the article in such a way that any reason or circumstance anybody or a group of people might have against the presidential terms limit cannot be used to amend Article 101 because the article foresaw all those possible 'reasons' and circumstances and concluded that 'under no circumstance…' and, accordingly, Article 200 puts it clearly that any law or act to tamper with Article 101 or any other provision of the constitution is null and void. 

The intention of the framers of the 2003 Rwanda constitution in sealing off presidential terms limit from amendment was to make sure that no Rwandan is president for an indefinite period of time and, possibly, for life. Rwandans are aware of the dangers of one group of people holding on to power indefinitely. Rwandan's political history is characterized by extreme violence and militant rulers loading it over their subjects indefinitely. This has always led to wars and horrific crimes. 

* Charles KM Kambanda, PhD, is Attorney and Counsel-at-law, New York, US.

* THE VIEWS OF THE ABOVE ARTICLE ARE THOSE OF THE AUTHOR/S AND DO NOT NECESSARILY REFLECT THE VIEWS OF THE PAMBAZUKA NEWS EDITORIAL TEAM

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"Hate Cannot Drive Out Hate. Only Love Can Do That", Dr. Martin Luther King.

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Posted by: Nzinink <nzinink@yahoo.com>
Reply via web post Reply to sender Reply to group Start a New Topic Messages in this topic (1)
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The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.
I have loved justice and hated iniquity: therefore I die in exile.
The price good men pay for indifference to public affairs is to be ruled by evil men.
When the white man came we had the land and they had the bibles; now they have the land and we have the bibles.
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The Voice of the Poor, the Weak and Powerless.

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“The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.”

“I have loved justice and hated iniquity: therefore I die in exile.

“The price good men pay for indifference to public affairs is to be ruled by evil men.”

“When the white man came we had the land and they had the bibles; now they have the land and we have the bibles.”