The cholera epidemic in Zambia has forced the World Food Programme (WFP) to suspend 107 of its 179 school feeding programmes. WFP spokeswoman Lena Savelli told IRIN on Monday that the decision to "suspend the feeding in these schools follows reports from government and local media that these areas are affected by cholera". In its latest situation report, WFP noted that the cholera epidemic continued to record casualties. "On 12 February, the Minister of Health issued a public notice declaring urban Lusaka and Mpulungu District (in the Northern Province) infected areas," WFP said. "To date, more than 110 people have died from the disease and a further 2,100 people have been infected."

Almost five years after the end of military dictatorship, Africa's most populated nation shows a deep and pervasive sense of disappointment with the record of civilian government. After the wasted opportunities of President Olusegun Obasanjo's first term, his administration now has limited time left for completing belated reforms and making government more responsive to the country's pressing needs. No country provides a more graphic illustration of the curse of oil. Oil began flowing just as the colonial era ended, and has completely skewed the country's economic and public life. In the classic pattern of African oil states, power and wealth has up to now been concentrated in the hands of a corrupt élite.

Kenya risks being suspended from the United Nations Convention Against Torture, Kenya Human Rights Network (K-Hurinet) has said. Speaking on behalf of other K-Hurinet officials, Mr Kamanda Mucheke said this was because Attorney-General Amos Wako has not submitted a single report to the UN Committee Against Torture for the last seven years. "This is despite several reminders and the fact that the A-G as a member of the committee and has been flying to Geneva every year to review other countries’ reports," he said.

The National Society for Human Rights (NSHR) says it is regrettable that Namibia has so far missed out on the key aspects relating to the implementation of the New Partnership for Africa’s Development (NEPAD) of the African Union (AU). Namibia has not yet acceded to the African Peer Review Mechanism (APRM) nor was it represented in any capacity at the First Meeting of States Parties to the APRM held in the Rwandese capital, Kigali, on February 13-14 2004.

The Southern and Eastern African Trade Information Negotiations Institute (SEATINI) in cooperation with the Other Canon Foundation and the Ford Foundation will hold a 10-day post-graduate course in Advanced Development Economics and Policy Making. The main aim of the Equator School is to encourage alternative thinking to mainstream economics in the Other Canon tradition.

The School of Public Health, University of Ghana, is pleased to announce an intensive 6-week residential certificate course on social mobilization for health and development from June 7 – July 17, 2004. The course is structured under modules, units and sessions. Each module and each unit has its specific objectives. The course takes into account the desire of several countries in the region to have such training carried out in the African socio-cultural context. It is anticipated that the course will serve the needs of Anglophone Sub-Saharan Africa in behavioural change communication for health promotion and development.

The HIV/AIDS pandemic is affecting the capacity of governments to deliver services as well as efforts to entrench democratic political frameworks in society. However, researchers and planners are well aware of the current limitations in the research and strategic interventions. HEARD, therefore, has established a research post to help refine and develop practical and theoretical frameworks for confronting the challenges of HIV/AIDS to democracy and governance in the developing world.

Roman Catholic bishops in the Democratic Republic of the Congo (DRC) have denounced delays in the two-year transitional period, as well as the manner in which parties to the government have been conducting themselves. In a statement issued following a conference held from 9 - 14 February in the capital, Kinshasa, the bishops criticised the practice of certain members of government and other transitional institutions "of granting themselves certain advantages and openly showing their general disinterest in the well-being of the majority of the population".

Please also consider the immunity from prosecution of Margaret Thatcher and other UK and USA leaders from their actions in installing illegally Idi Amin, Robert Mugabe and other persons who have had wreaked untold physical, political, economic and social havoc on various third world countries; you could also include various UK FCO and USA state department officials and ex-officials. (Pambazuka 144: Confronting impunity through the ICC: Is Africa ready and waiting?)

The coverage is quite extensive and informative. Thanks.

The electoral process in the Central African Republic (CAR) got underway on Friday, with the country's law advisory body, the National Transitional Council, beginning a session due to last until 31 March. During this period it is expected to approve bills that would facilitate the establishment of electoral organs. In a speech inaugurating the session, council Speaker Nicolas Tiangaye said the law advisory body would examine a bill instituting a joint independent electoral commission, which would oversee presidential and parliamentary elections as well as announce the poll results. The elections are due to be held late 2004 and in early 2005.

Reports that police had fired shots during an opposition rally at the weekend have raised fears that Malawi's upcoming May elections could be marred by violence. News reports said two people were wounded when riot police fired live rounds at a crowd to stop a rally by opposition parties in the southern city of Blantyre.

Kenya will be the first African country to implement the Nepad concept on good governance review every three years. The African Peer Review mechanism of the New Partnership for African Development (Nepad) requires members to be scrutinised by other member states. This would mean that Kenya could be examined by such countries as Nigeria, South Africa, Rwanda and Burundi, in which case a judgement would be entered on issues to do with governance, economy and social welfare.

Leaders in Zimbabwe are not considering themselves to blame for the people living on the streets. Instead they are shifting the blame onto the street families in a country where even the middle class are below the poverty datum line.

President Kibaki has been urged to sack ministers linked to corruption to demonstrate the Government's zero tolerance on the vice. The Kenya Human Rights Commission chairman, Prof Makau Mutua, also criticised the State for allegedly supporting investors but failing to guarantee workers' rights. Mutua said the "high carry-over of thieves" by the Narc Government from the previous Kanu regime was causing harm to President Kibaki's anti-graft war.

The first thing one notices upon landing in Asmara, the capital of Eritrea, is that the streets are clean. The people are friendly, dressed very smartly and there is no evidence of homelessness or beggars. This in a country of an annual per capita income of about $350. The streets of Asmara are safe to walk, even more so for "tilliano´s" or "sa´ada", white people, anywhere, anytime of day or night. Serious crime is rare, to the point of being non existent for most Eritreans. When you leave Asmara the first thing you notice is the reforestation and soil conservation efforts of Eritrea´s student summer national service program, along with the peacetime military. Imagine the highlands of the North African Rift mountains, 8,000 foot altitude, driving down towards the lowlands for hours, through some very rugged terrain, and every cliffside and mountain is layered with walls, and where possible, young trees. Many thousands of miles of walls and millions of trees, all done since independence in 1991.

The establishment of the International Criminal Court (ICC) in 1998 has been widely heralded as a breakthrough in the fight against impunity in reference to the most serious crimes of concern to the international community. Indeed, it has triggered overwhelming numbers of communications detailing situations that may merit investigations. At first sight, observers feel that the first cases the ICC is going to handle are likely to come from Africa. Sure enough, the ICC Prosecutor has received and accepted a referral of the situation concerning the Lord's Resistance Army (LRA) in Northern Uganda. This referral, made by Uganda in December 2003, is the first from any of the ICC's 92 States Parties. Instructively, however, the Prosecutor is closely monitoring the situation in Ituri in the Democratic Republic of the Congo (DRC), and has indicated on several occasions that that is his priority.

It is appropriate for the ICC to focus on Africa. There is, however, one matter of concern, which relates to the continent's preparedness. While the ICC aroused relatively strong support from Africa, the Ugandan referral appears to engender considerable disenchantment amongst some interests in the continent. These developments necessitate a newer focus on the role of the ICC, largely because the manner of confronting impunity in Africa may not only have major implications for justice (and hence, peace) in the region, it could determine the future of the ICC. Several concerns are discernible in this emerging debate on the contribution that the ICC can make.

First, there is the broad question of the appropriateness of the Ugandan referral. Some argue that it is politically motivated. During the negotiations for the ICC there was scepticism that the Court might in fact be turned into a forum for politically-motivated international justice. This has brought to the fore problems relating to the political context in which the alleged crimes in the Ugandan referral were committed. Critics point out that there is an armed conflict involving various parties. They assert that the alleged crimes of the LRA have obscured equally serious crimes by the government. Besides, there are reports that the Sudanese government might have played a role in the conflict, say in supplying the LRA with weapons and bases. If these claims carry great weight, the Prosecutor might probe the Ugandan government. He might also have to indict political leadership in the Sudan. However, there are fears that the referral might be limited to crimes committed by one party to the conflict, namely the LRA. Although the Prosecutor has reiterated his impartiality and independence, he says he is unable to make the referral public because it contains confidential information.

In the circumstances, it is helpful to ponder the principle of complementarity. According to this principle, such as it is in the ICC, it is the duty of each state to investigate and try individuals for gross crimes. The ICC will only intervene if the state is unwilling or unable genuinely to perform that duty. Given that most African countries lack relatively developed legal systems, should they be encouraged to prosecute cases themselves (rather than letting the ICC intervene)?

For several reasons, it makes a lot of sense for a state to leverage the complementarity provisions. First, it forestalls an ICC investigation. This would help ease the risks of the ICC becoming the default jurisdiction for African countries, thereby increasing its credibility and legitimacy. Second, it would enhance the national judicial systems in countries that do not meet the high international fair trial standards, thereby improving access to justice generally. To be sure, the ICC envisages states will make extra efforts to improve domestic administration of criminal justice. Third, investigations and trials at the national level might be preferable to referrals to the ICC for policy and strategic reasons. For instance, they could prevent backlogging the ICC. Moreover, the interests of justice, victims and defendants might be better served when investigations and related activities are conducted close to the place where most of the particulars pertaining to the crime are located.

At all events, complementarity provisions were enshrined in the ICC to create a presumption in favour of national jurisdiction. In reality, during the ICC negotiations, the possibility that a state might voluntarily decide to relinquish its jurisdiction in favour of the ICC was considered as being inconsistent with some delegations' understanding of the principle of complementarity. In so 'relinquishing' its national jurisdiction, a state might be seen as being cooperative. But the agreement was that the ICC should not undermine the effectiveness of national justice systems and should only be resorted to in exceptional cases. One would reasonably expect this to mean that, while not being under obligation to do so, in practice states would only resort to the ICC as a matter of necessity rather than choice.

So, why would Uganda resort to the ICC? Unquestionably, there is enormous pressure being exerted on states to make referrals. The Prosecutor has suggested that states parties should make referrals to the ICC regarding certain situations in Africa. Although some would go along with the Prosecutor, others take the view that the ICC should be fully operationalized and efforts made toward universal support for the ICC before investigations can begin. The major issue would then be whether or not a state is willing or able to perform its obligations. For many, Uganda has the judicial capacity and political will to carry out prosecutions itself. On the face of it, there is no reason to believe that Ugandan authorities have decided to shield anyone from criminal responsibility for the crimes foreseen in the ICC statute. However, Uganda passed an amnesty law in order to protect those involved in the conflict from prosecution. Now the Ugandan President says he intends to amend the amnesty law to exclude the LRA leadership from its protection. This raises more questions.

Firstly, might amnesties rather than prosecutions be the better option for Africa, and secondly, what is the effect under the ICC of amnesties? Even if they are not better, the momentous political reality is that amnesties are likely to be granted in Africa especially in transitions. Negotiations on a national amnesty or official pardon are ongoing in Liberia (re Charles Taylor) and Uganda (re LRA rebel leader Joseph Kony and his deputies). Moreover, there are suggestions that amnesties might be indispensable in Sudan (talks are ongoing in Kenya to end the civil conflict in the south) and Somalia (where the Ugandan President, as current chair of IGAD, is leading peace talks).

While Uganda's intended amnesty amendment to exclude LRA leadership is aimed at ensuring that those bearing the greatest responsibility are brought to justice, it concerns some that the ICC's credibility could be questioned regarding its determination to subject only a select few to its justice. However, there is little prospect of such arrangements. Generally speaking, under international law amnesties may not be a bar to prosecution for such serious crimes as those that fall within the jurisdiction of the ICC. Having said that, there remains concern about impunity gap - one of the idiosyncrasies of ICC - that relates to the capacity of justice institutions to prosecute only a small number of perpetrators who are deemed to bear the greatest responsibility. This concept is one that in international law is controversial and unsettled. Perhaps more importantly, it is a curious paradox that this might be left to the Prosecutor's discretion in line with the ICC statute (Article 53). After taking into account all the pertinent circumstances, the Prosecutor may conclude that prosecution is not in the interests of justice.

In that context, the Ugandan referral has broached the subject of the role of advocating peace in Africa by means of dialogue. There could be cases in Africa where it might genuinely be 'expedient or a requirement of justice' that amnesties rather than prosecutions are pursued. Whilst it is arguable that no one has immunity for the most serious crimes under international law, there are cases where amnesties or pardon have been given jurisprudential recognition. Examples include South Africa and East Timor. Forget about the hair-splitting legal arguments about the clear definitions of the relevant technical terms as they applied in those specific cases. Nobody ever got to the bottom of those definitions. The imperative is whether or not in the context of the ICC it is cogent to argue that ending impunity in Africa does not necessarily mean that prosecutions will have to be pursued in every case.

An additional reason why the Ugandan referral calls for a cautious approach relates to the appropriateness of making the referral at a time when peace talks appear to be bearing fruit. In light of that, the Ugandan Amnesty Commission argues for the pursuit of amnesties rather than prosecutions. No one wants impunity in Africa to continue. Equally, nobody wants peace talks to fail. But probing LRA leaders could jeopardize a peaceful solution to the conflict.

I grant that Africa has a poor record of adjudication of crimes of the ICC type. But the key to successful national prosecutions seems to be judicial capacity and political will. There are fears that this could be a trump card in reference to Africa. Take ability to prosecute in the Ituri situation, for instance. The prevailing argument is that the Congolese judicial system would be unable to prosecute those crimes because the conflict is taking part in the extreme northeast of DRC and the central government has little control over that region. Yet, according to the Prosecutor, plans are underway for 'a consensual division of labour', whereby the ICC would target the leaders while the DRC deals with other accused persons. If one were to accept that the DRC is indeed unable to prosecute because its judicial system is fractured, it would be difficult to see why the ICC is proposing the said scenario. In any event, were African countries under the ICC's spotlight to actually initiate their own investigations and trials, it would still be open to the Prosecutor to prove that any fraudulent investigations and trials were not 'genuine'. As regards the political will of the DRC to prosecute, a major concern lies in the fact that a UN investigation points fingers at the Movement for the Liberation of Congo (MLC). MLC's leader is now in the government as part of a peace deal. Naturally, this makes it politically tricky for the DRC government to see the cases to trial.

In reference to Uganda, its national judicial system is intact and readily available, and the state is able to obtain the necessary evidence and testimony. However, to the extent that Uganda has not enacted implementing legislation, one could argue that it might be incapable of effectively discharging its ICC obligations. This is because, for instance, Ugandan national criminal legislation might not foresee the crimes in the ICC statute, thereby making it difficult to sustain adjudication. In that regard, it is noteworthy that Uganda has requested technical assistance in drafting the relevant legislation. Moreover, Uganda might be unable to carry out investigations and trial of the suspected individuals because government forces have failed to arrest them. This particularly weighs against the critics because the LRA leadership is reportedly based in a neighbouring country. While it is arguable that Uganda has been allowed to access suspected rebel bases in the Sudan, it is apparent that Ugandan forces may not have adequate and effective control in that region. Therefore, the most plausible determining factor of Uganda's inability to carry out its national proceedings regarding the LRA situation is the fact that it has not obtained the accused persons. But it is also probable that Uganda genuinely felt it needed the impartiality and/or expertise of ICC.

It is not intended here to suggest that Uganda's referral is an abuse of the ICC process, nor that it should not be supported. My modest opinion, however, is that it might be unwise for African states to either squander the complementarity provisions or use the ICC system for a purpose or in a manner that might threaten the effective execution of the object and purpose of the ICC statute as a whole. One hopes that cooperation will be extended to investigation into crimes allegedly committed by government forces, especially now that some states seem willing to either 'relinquish' their jurisdiction in favour of the ICC or consent to division of labour. Considering the intrinsic nature and the beneficiaries of the ICC, we should all work together to protect the integrity of the ICC. To state that the success of the ICC largely depends on the political will of states is one thing, to politicize the use of the ICC system, quite another. Political will is the very stuff of international law. But politicization of the ICC system will only serve to weaken universal support for the Court and erode its credibility and legitimacy.

*Josphat Ayamunda, a Kenyan lawyer, is a Rhodes Scholar at the University of Oxford and a researcher at Fahamu.

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Finanace Minister Trevor Manuel's eighth Budget was greeted by opposing reactions from the labour movement, and tax experts and economists. While Congress of SA Trade Unions (Cosatu) secretary general Zwelinzima Vavi described the Budget as a "victory for the working class", independent economist Mohau Pheko said the Budget was "a mixture of unrealistic targets".

Striking Zambian unions described their nationwide stayaway on Wednesday against tax hikes and wage freezes as "successful". Sylvester Tembo, secretary-general of the Zambia Congress of Trade Unions (ZCTU), told IRIN that 90 percent of workers in the public sector had heeded the strike call.

All over Cameroon, dark clouds are giving way to blue skies. But while the rains are ending, consumers are increasingly worried about their electricity supply and the anticipation of blackouts is a long way from becoming history. In the last three years, power supply has been very erratic. In this connection, the privatised utility, AES-SONEL, is talking-up prospects of investments that are afoot to turnaround the state of events. And amid the uncertainty, Sino-Cameroon relations are taking a twist towards dams. The head of state, Paul Biya, in September flew home with a baggage of dams ready for Chinese financing. These include the construction of three mini-hydropower plants by China International Water and Electrical Corporation (CWE) on the rivers Ntem, Nja, and Kadey. However, beyond government's interest in dams lies a minefield of equity and sustainability issues. Who are the actors and what are their true motives? Are their interests aligned with sustainable development?

The privatisation of electricity provides a background to comprehending some equity issues surrounding the proposed projects. The process, masterminded by the World Bank, was dispossessed of public scrutiny and participation. The recommendations of the International Finance Corporation's consultant - the private sector arm of the World Bank - blueprinted the privatisation of the National Electricity Co-operation (SONEL) in 2001. In the recommendations that were fleshed into a concession agreement, the construction of a big dam over the river Lom-Pangar was mandated to AES SIRROCO: a US based corporation. However, the Lom-Pangar issue predates privatisation. The French - enamoured by the project in 1990 - contracted the consultancy Coyne et Bellier, to carry out a feasibility study on the dam. The study was motivated by the relation between a quasi-owned French company, Alucam and SONEL. Alucam's intent to double its aluminium production capacity depended on cheap hydropower.

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