Immigration and Asylum Chamber of the new Upper Tribunal President Announced

The new president of the Immigration and Asylum Chamber of the new Upper Tribunal has been announced: Mr Justice Nicholas Blake QC. The appointment is effective as of 15 February 2010, when the unlamented Asylum and Immigration Tribunal is merged into the rest of the tribunal system.

The choice of appointment comes as a pleasant surprise to many. Nick Blake, as many in immigration law will continue to think of him, was primarily a claimant Counsel and was based at 2 Garden Court then latterly at Matrix Chambers (see his profile here). He was tirelessly active and very well regarded both as a man and as a brilliant lawyer.

Anyone expecting liberal decisions from him should not hold their breath, though. Andrew Collins was considered a liberal before his appointment as President but immigration lawyers were disappointed by many of his decisions. However, I would hope that this will put an end to some of the more obviously reactionary trends in the modern tribunal. The third party support saga, for example, was an unfortunate and personal legacy from the late Sir Henry Hodge. It seems a fair assumption that Nick Blake would never have gone off in that wrongheaded direction.

We should be grateful that someone of Mr Justice Blake’s calibre is willing to serve in this capacity. Most High Court judges find immigration and asylum cases an annoyance and this office is hardly a fast track to judicial advancement.

Free Movement

Zimbabwe doesn’t need two Vice Presidents

By Geoffrey Nyarota

WHILE Zimbabwe mourns the passing away of Vice-President Joseph Msika, a serious problem has been created for President Robert Mugabe as he ponders over who will succeed him.

Debate over this crucial issue had become dominant in political circles in Bulawayo even before government officially announced the death of the Vice President. It is a general expectation in that part of the country that the second vice presidency is reserved for Matabeleland. This expectation is premised on the Unity Agreement signed in 1987, which brought former political rivals Zanu-PF and PF-Zapu together under the umbrella of Zanu-PF. Critics say effectively Zanu-PF swallowed PF-Zapu and, as a result, its leader Dr Joshua Mqabuko Nkomo died a broken and frustrated man 12 years later.

The Unity Accord does not categorically state in any of its clauses, however, that one of the Vice Presidents of the united Zanu-PF would be from the former PF-Zapu and by inference from Matabeleland.

Clause 4 of the document signed by Mugabe and Nkomo in December 1987 states categorically that Zanu-PF, the party, would have two second secretaries and vice presidents who would be appointed by the first secretary and president of the party, Mugabe.

That’s it. There is no reference to any Vice Presidents of Zimbabwe, the nation, as opposed to Zanu-PF the party. More significantly, no reference whatsoever is made to the region of origin of the persons who would be appointed to these two posts.

Notwithstanding that, the first triumvirate established in 1987 comprised Mugabe from Mashonaland as President, with PF-Zapu leader Nkomo representing Matabeleland as one Vice President and Simon Vengai Muzenda of Masvingo as second Vice President.

This was an strategic act of ethnic balancing and a precedent was thus set. This arrangement also entailed that the Vice Presidency was shared between the former feuding parties. The arrangement was designed to address the politically polarised atmosphere of the Gukurahundi period.

In that spirit when Nkomo died in July, 1999 he was succeeded by his former deputy in Zapu, Joseph Msika, who remained in office until this week, a little over 10 years later. The office of one Vice President was therefore reserved through mutual understanding for the Zapu element in the united Zanu-PF.

Likewise, when Muzenda passed on in September, 2003 his office went to the next claimant within Zanu-PF. The process was not quite as straight-forward as had been the case with the PF-Zapu succession. Joice Mujuru, wife of wealthy former army commander Solomon Tapfumaneyi Mujuru, however emerged as the successful candidate, after she overcame the challenge of then Speaker of the House of Assembly, the powerful and also wealthy Emmerson Mnangagwa.

It is no surprise in the circumstances that a few names were immediately thrown into the ring or had already been under active consideration in Bulawayo as potential successors to Msika, even before government had officially announced the Vice President’s death, which apparently deliberately delayed. A short list compiled on the basis of common sense in the context of the 1987 Unity Accord includes the names of Zanu-PF chairman, John Nkomo, Mines Minister, Obert Mpofu, and Bulawayo metropolitan provincial governor, Cain Mathema. Mpofu is said to enjoy the support of Mnangagwa, which is totally irrelevant in Matabeleland.

I would place my bet on John Nkomo as the most likely successor to Msika.

But then the three politicians are natural candidates only in terms of an unwritten clause of the 22-year old and totally discredited Unity Accord signed by Mugabe and Nkomo. The Zapu that Nkomo represents or represented has been overtaken by events that have rendered politicians such as him irrelevant in the real politics of Matabeleland.

They have become regional political leaders with little or no following on the ground today. But, knowing President Mugabe, he will overlook such sentiments.

The original ZAPU has re-emerged and its train left the station without them in December. It has a new crew at the helm of a movement which is gathering momentum by all indications. The new leadership of the party declared at its formation in December 2008 that it was Joshua Nkomo, specifically who was the driving force behind the 1987 Unity Accord. But efforts over the past two decades to make the Unity Accord work had failed dismally, hence the recent pull-out of Zapu from the 1987 Unity Agreement and the February 2009 unity government with the MDC.

That new ZAPU is not represented in the government of national unity. In fact, it is fast becoming Zimbabwe’s de facto opposition party, with due respect to Dr Simba Makoni’s Mavambo/Kusile/Dawn. The former vibrant opposition MDC of Morgan Tsvangirai finds itself suffocating in the belly of Zanu-PF, in exactly the same situation that Dr Nkomo and PF-Zapu found themselves immersed at the beginning of 1988. This is an indisputable fact, whatever volumes of love Zimbabweans may profess for the MDC and Tsvangirai.

ZAPU has re-emerged as a new party led by Dumiso Dabengwa in he interim and with nothing to do with John Nkomo. With the MDC co-opted into the GNU with Zanu-PF, ZAPU is developing into what could be Zimbabwe’s new opposition party.

So Mugabe will have to play his cards well to avoid creating a backlash that could completely obliterate both Zanu-PF and the MDC in Matabeleland at the hands of ZAPU in the next elections. The new party could also make pickings outside Matabeleland, capitalising or exploiting disgruntlement with the performance of the government of national unity, especially if Dabengwa and Mavambo/Kusile/Dawn leader, Makoni, revived their alliance before March 2008.

The Unity Accord is history. It only remains on paper. Even there its existence cannot withstand close scrutiny. It was a very superficial document anyway.

The much-venerated Unity Agreement that brought PF-Zapu and Zanu-PF together was more or less a wish list which has not been seriously put into practice. Clause 5 of the agreement states without equivocation, for instance, that that Zanu-PF would seek to establish a socialist society in Zimbabwe on the guidance of Marxist-Leninist principles. This has turned out to be a self-seeking pipe-dream on the part of Mugabe.

The next clause then proclaims with sublime optimism that the united Zanu-PF would seek to establish a one-party State in Zimbabwe. Fear of Mugabe blinded those who drafted the document to reality.

Transcending from the sublime to the ridiculous, Clause 7 of the Unity Accord states that the leadership of the new united Zanu-PF would abide by the tenets of the Leadership Code. I will bet that 96 percent of the Zanu-PF leadership has not set their eyes on the Leadership Code over the past two decades. They have been too busy accumulating wealth, much of it illegally. The Willowgate Scandal broke 11 months after the signing of the Unity Accord.

This is the discredited document that Mugabe will most likely rely on to influence his selection of a new Vice President.

In fact, logically, it is the MDC, Zanu-PF’s new partner in government, not the non-existent PF-Zapu, that John Nkomo represents, which should now be entitled to the Vice Presidency.

But it is patently clear, however, that the only beneficiary of the appointment of a new Vice President will be the incumbent himself or herself, not the generality of the people of Zimbabwe. For what benefit has Zimbabwe derived so far from the services of two vice presidents?

We are a poor country. Our economy is in ruins thanks to the performance of the government after the signing of the Unity accord.

This is an appeal to President Mugabe, rather than crack his head over whom to appoint as the next second Vice President, the government should just scrap the position. Zimbabwe should have one Vice President. In future the origin of the Vice President or of any government official should not be taken into consideration when appointments are made.

Only merit, not ethnic or other form of balancing, should influence appointments in government. – Zimbabwe Times

“The Somali people do not want any more fighting”

Photo: Abdi Hassan/IRIN

The new Somali President, Sheikh Sharif Sheikh Ahmed

Sheikh Sharif Sheikh Ahmed was recently elected President of Somalia at a parliamentary meeting in Djibouti. Before returning to Mogadishu where he will appoint a prime minister and form a government, Ahmed talked to IRIN about the challenges ahead. Below are excerpts:

IRIN: What are the biggest challenges facing your administration?

Ahmed: The biggest obstacle is trying to get people to believe and have hope again that things can and will get better. The people have suffered and are still suffering. They have been divided. Rebuilding the unity of our people and nation will be one of our biggest challenges. Every time they were hopeful, they were knocked back again. We must keep this hope alive.

We also face the task of building government institutions from scratch. We are basically broke and the country broken. All these in my opinion are obstacles we will have to deal with urgently.

What role do you expect donors to play?

In the past donors have put money into Somalia but unfortunately, it did not have [the] impact it should have had on the people for various reasons, including corruption. Often, aid did not reach the intended targets. We hope and expect that donors will increase their support. For our part, we have to change the way things are done and make sure that any money given will be used appropriately and in the manner intended, that it will reach the people. We will not allow corruption to take root and public money [to be] misused.

Do you think the international community is serious in its support and will give the necessary help to allow your government to function effectively?

It is too early for me to answer that question. Give it time and we may be able to answer it.

There are groups that do not support you, including the more radical Islamists. How do you intend to deal with them – negotiate or fight?

First, I don’t have any desire for more fighting. The Somali people do not want any more fighting. Those who think that more fighting will resolve things, I want to tell them it will not. Let us try to find a better way for them to accomplish what they are looking for. The best way is through dialogue and negotiations and we are open to talking. We will talk to anyone willing to talk. We will not engage in war. I am for a negotiated settlement to our differences.

You will need a security force. Where will you find them?

Security will come from a combination of the TFG [Transitional Federal Government] forces, our forces in Mogadishu and other supporters and of course the Somali people who want to see the government succeed and are ready to join the security forces. So, yes we are going to create security forces.

Do you need outside help in forming a security force?

Obviously outside help is necessary but then it must be done in a way that they can help without inflaming the situation and creating instability and animosity among the people. It will have to be an approach that is appropriate and will help without hurting us.

Does this help need to include military as well? Do you need arms, soldiers, maybe even blue helmets?

Because we are in a new situation we need to figure out what exactly we need. We need arms and security forces and of course we need the world to help us. However, we have to figure out the best form that help should take. Therefore, it will be the responsibility of the new cabinet to come up with the best way to ask for the help.

In the past two years, thousands have been killed and over a million displaced in Mogadishu due to the fighting. What plans do you have to alleviate the suffering of the people?

Photo: Ahmed Yusuf Mohamed/IRIN

Rebuilding the country after years of conflict will be the president’s first priority

I am deeply saddened by the suffering of those people affected by the fighting. Taking care of them and resettling them is going to be one of the biggest challenges facing this government. We [will] do our part in assisting them … but we are also going to invite humanitarian agencies to come and help. We are putting in place plans to ensure the security of the city to enable people to return home. With this two-track approach, ensuring security and providing the necessary help, I am convinced there will be changes that will lead to the return of the displaced to their homes.

There is an enormous naval taskforce fighting piracy off the Somali coast. Do you think that is the best way to combat the problem?

I think the best way to fight piracy in Somalia is to have a strong and functioning government capable of taking charge of security both on land and at sea. But I also understand that while ships are being hijacked nations will not stand by and watch. That is why foreign forces at sea are taking action.

Some Islamist groups have been very rigid in their application of what they see as Islamic law. People are flogged and even stoned. What is your view of their interpretation of Islam?

I believe that the way they deal with people is not right and has nothing to do with Islamic Sharia law. Islam has a legal framework and courts. So for individuals to take their whip and flog people on the street is wrong.

The clan structure in Somalia has been a problem. Do you think it will pose a problem for you when it comes to naming your government?

I don’t think the problem has been the clan but the way it was used. It has been misused and I think we will find a different and positive way and whatever problem it presents, I am confident we will be able to deal with it without resorting to its negative side.

How do you plan to deal with Somaliland and Puntland?

Both are enjoying real, tangible peace and stability. Therefore, we must acknowledge the contributions of those who made this peace and stability possible. We are opposed to anything that will jeopardise the peace and stability enjoyed by those regions. We are determined to resolve any misunderstandings through dialogue and negotiations. I trust that we will succeed in finding common ground.- IRIN

Islamist elected Somali president

Moderate Islamist leader Sheikh Sharif Ahmed has been elected Somalia’s new president, after a secret ballot of members of parliament.

Mr Ahmed comfortably won a majority in a second round of voting after one of the frontrunners, Prime Minister Nur Hassan Hussein, withdrew.The election followed the resignation of President Abdullahi Yusuf Ahmed.

MPs met in Djibouti because of instability in Somalia, where Islamist militias control much of the country.Mr Ahmed was until recently the leader of an opposition movement accused of having links to al-Qaeda.

New Puntland president “to fight insecurity”

(IRIN) – The self-declared autonomous region of Puntland in northeastern Somalia has a new president, Abdirahman Mohamed Faroole, 63, who was elected on 8 January by the region’s 66-member parliament.

An ally of the new president said Faroole would give priority to security and economic and social problems in the region.

Photo: Horseedmedia.net

New Puntland President Abdirahman Mohamed Farool

“The new president will address the security situation in Puntland as a matter of urgency,” Abdishkur Mire Aden, a former deputy information minister in Puntland and close ally of Faroole’s, told IRIN.

He said the new president was also keen to address the economic and social problems facing the population.

Faroole, Puntland’s third president, is a former banker and Puntland finance minster. He is a member of the Isse Mahamud sub-clan of the dominant Majeerteen clan, and hails from Garowe.

The presidential contest had been expected to go into three rounds if no candidate garnered a two-thirds majority in the first and second rounds but it ended in the second round when Faroole got 49 out of 66 votes, said Ibrahim Muse Wadani, a journalist with the Bossaso-based Daljir Radio.

Gen Abdisamad Ali Shire was elected vice-president, Wadani said.

He said many people in Puntland viewed Faroole’s election “as a new beginning for Puntland”.

Puntland declared autonomy in 1998, following a conference of local elders. However, the new president has vowed that Puntland would remain part of Somalia, according to Aden.

In 2008, the region experienced a spate of kidnapping of foreign nationals, including journalists and aid workers, and increase in piracy. More than a dozen ships and their crew are being held off the Puntland coast.

The region has also become a hub and a departure point for people-smuggling into Yemen, which claims the lives of hundreds of Somalis.

“The president will make sure that Puntland is free from any criminal activity, including piracy, people-smuggling and kidnappings,” Aden said.

Wadani said those involved in the electoral process deserved praise “as the election process went very smoothly”.

The new president and vice-president were sworn in on 8 January, said Wadani.

Fresh turmoil, uncertainty as president resigns

(IRIN) – Fresh turmoil and uncertainty loom for the people of Somalia – already ravaged by displacement, conflict, drought and hyper-inflation – after the country’s interim president resigned on 29 December.

Abdullahi Yusuf Ahmed resigned after disagreements with parliament and his prime minister, as well as pressure from the international community.

Photo: Liban Warsame

President Abdullahi Yusuf resigned on 29 December four years after his

“President Abdullahi Yusuf resigned at around 1000am local time. The speaker of parliament, Sheikh Aden Madobe, is now the acting president until a new one is elected,” Abdi Haji Gobdon, the government spokesman told IRIN.

Gobdon said parliament had to elect a new president within 30 days, according to the interim constitution.

Yusuf’s resignation comes days after the man he appointed as prime minister, Mohamed Mahamud Guled, resigned – in defiance of parliament.

Yusuf, a former warlord, was elected four years ago to a five-year term in the hope that he would bring peace and stability to the war-torn country.

According to local sources, Yusuf, in a resignation speech, told parliament he had failed to do so, and blamed both Somalis and the international community for his failure.

Clash with premier

Yusuf and the Prime Minister Nur Hassan Hussein had clashed over attempts to negotiate a peace deal with the Islamist-led armed opposition.

Yusuf was opposed to peace talks held in Djibouti which brought together representatives of the Transitional Federal Government (TFG) and a faction of the Eritrea-based opposition group, the Alliance for the Reliberation of Somalia (ARS), led by Sheikh Sharif Sheikh Ahmed.

The ex-president regarded these talks as “a plan to weaken his power”, said a Somali political observer. “He saw the whole process as a way to sideline him.”

According to the observer, Yusuf could still pose a serious obstacle to peace in the country. “He will most likely re-establish his political base in Puntland and use that as a bargaining chip.”

A member of parliament in the Yusuf camp, who requested anonymity, told IRIN Yusuf was pressured into resigning by the international community.

“He was forced to resign and it will not lead to peace and stability,” said the MP who was speaking from Galkayo, Yusuf’s home town.

“Warlordism”

A Somali civil society source told IRIN Yusuf’s departure would be positive if it meant the end of “warlordism” in the country.

“If it marks the end of a warlord era then it is positive and we welcome it.”

He said the resignation should be accompanied by serious changes in the TFG “if anything positive is to come out of it”.

A Nairobi-based regional analyst who preferred anonymity, welcomed Yusuf’s resignation, calling it “very positive”.

“This is a very positive and long-awaited step that removes impediments to the Djibouti peace process,” he said, adding that considerable challenges remain.

He said the TFG and the Djibouti wing of ARS need to move quickly to form a broad-based government. “They need to move with greater urgency to form a unity government and bring in others opposed to the process.”

Ethiopian forces

Many Somalis will remember Yusuf as the man who brought Ethiopian forces into Somalia, which led to a fierce insurgency and the displacement of over a million people.

Over the past couple of months, insurgents comprising Islamist Al-Shabab, nationalists and militia clans opposed to foreign forces, have taken control of more than a dozen localities, according to a local journalist.

The TFG has control only over Mogadishu and the town of Baidoa, 240km southwest of Mogadishu, where the parliament is based.

At least 16,000 Somalis died between 2007 and 2008 and more than 30,000 were injured, according to local human rights groups. According to the UN, 2.6 million Somalis need assistance. That number is expected to reach 3.5 million by the end of the year.

Somalia has the highest levels of malnutrition in the world, with up to 300,000 children acutely malnourished annually, according to the UN Children’s Fund (UNICEF).