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De Klerk seeks accountability. What about his own? | Global development

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South Africans don’t give much thought to FW de Klerk these days. Like Mikhail Gorbachev, his fellow Nobel peace laureate, the last apartheid president is more highly regarded outside his own country than in it.

But some South Africans were taken aback to see De Klerk putting himself forward in a Guardian article on 10 March as an advocate of protecting women from violence and asserting that “holding perpetrators accountable, irrespective of how long ago the crime was committed, is essential to stamping out impunity and preventing future atrocities”.

This from a man who promoted a system that wrecked the lives of millions of black women and who has consistently denied responsibility for gross human rights violations, despite damning findings to the contrary by South Africa’s Truth and Reconciliation Commission (TRC).

De Klerk, whose foundation revealed on Friday that he is being treated for mesothelioma, has spent decades nurturing the popular view around the globe of a courageous leader who released Nelson Mandela from prison and negotiated a peaceful transition to democracy. Key to this version of history is De Klerk’s generalised apologies for the pain inflicted by apartheid without accepting personal responsibility.

South Africans, who lived through the complexity of those years, are less prone to buy into that narrow framing of history. Many remain sceptical of De Klerk’s claims to regret apartheid, not least because he continues to diminish its depravity. Only last year, he was forced to backtrack after claiming that apartheid was not a crime against humanity – even though the UN has long said it was – because he claimed it caused relatively few deaths and was not on a level with genocide. A few years earlier he argued that racial segregation was well intentioned, if unworkable.

But De Klerk, who turned 85 a few days ago, is facing renewed scrutiny over his record amid growing pressure for him and other apartheid-era leaders to finally face justice.

People gather in a tent at Mbekweni Rugby Stadium
People gather in Paarl, South Africa, in 2018, to hear Cyril Ramaphosa commemorate the 1956 march when more than 20,000 women protested against pass laws. Photograph: Foto24/Getty

Howard Varney, a lawyer and investigator who drew up the questions put to De Klerk at the TRC hearings, scoffed at his call for “holding perpetrators accountable”.

“Those words are just dripping with irony because they apply to him more than most South Africans. He has yet to face up to the past and acknowledge that past. He played his role in trying to suppress the past and promote impunity for those involved in very serious crimes, including crimes against women,” said Varney. “So when he says that impunity is not acceptable, it has to start with people like him. It has to start with people at the top.”

A former TRC commissioner, Yasmin Sooka, criticised De Klerk because he has “consistently refused to accept any responsibility for the gross human rights violations committed under his watch, or the crime of apartheid”.

“De Klerk has been allowed for far too long to maintain the narrative of denial,” she said.

At TRC hearings in the late 1990s, the former South African leader acknowledged that torture, murder, rape and other crimes were committed against anti-apartheid activists. But he blamed them on rogue operations without official approval. Varney describes De Klerk’s submission to the TRC as “sickening”

“He tries to have it both ways,” Varney said. “He admits lots of illegal detentions, torture and killings took place. But he says it was nothing to do with the people at the top.”

Minutes from meetings of the powerful apartheid-era State Security Council (SSC) show that cabinet ministers and security officials used phrases such as “shortening the list of politically sensitive individuals by means other than detention” in discussing how to deal with anti-apartheid activists. De Klerk, who sat on the SSC, claimed those words had no sinister intent and were misinterpreted by the security forces as instructions to kill.

In 1984, a military commander, General Joffel van der Westhuizen, sent a request to the SSC to “remove permanently from society as a matter of urgency” Matthew Goniwe, a black teacher in the Eastern Cape described by security forces as “at the forefront of a revolutionary attack against the state”.

The minister of black education, Barend du Plessis, spoke in favour, using an Afrikaans word verwyder, or remove, which a judge later concluded amounted to a “death warrant”. The meeting approved the decision. De Klerk attended as internal affairs minister.

Goniwe and three other men, who became known as the Cradock Four, were stopped at a roadblock by Security Branch police officers and beaten, strangled with telephone wire, stabbed and shot to death.

The ‘Cradock Four’ walking down street
Fort Calata, second right, and Matthew Goniwe, right, were two of the ‘Cradock Four’, who were murdered by state security forces in 1985. De Klerk was at the meeting that approved their assassination. Photograph: Karin Brulliard/TWP/Getty

In 1999, De Klerk told the Guardian that the meeting had merely decided to move Goniwe to another teaching post away from the town of Cradock. Sceptics scoffed at the idea the security council spent its time discussing where to deploy black teachers. They also noted that Van der Westhuizen thought it appropriate to seek approval for political killings from the SSC.

De Klerk refused to answer questions about these cases at the TRC, banged the table and then accused the commissioners of bias against him before storming out. The commission concluded that members of the SSC at the very least set the agenda for security force hit squads.

“The commission’s view is that they must have foreseen that security police and South African Defence Force operatives would interpret expressions such as ‘take out’, ‘wipe out’, ‘eradicate’ and ‘eliminate’ as meaning ‘kill’,” the TRC concluded. “The commission rejects attempts by politicians to phrase instructions in a way that causes their subordinates to take responsibility for acts of which the politicians are the intellectual authors.”

De Klerk was also party to the establishment of a covert paramilitary force, trained and equipped by the army, responsible for violence unleashed against anti-apartheid activists from the mid-1980s.

“Those years, particularly the years from the release of Nelson Mandela all the way through to elections in April 1994, were the bloodiest years of South Africa’s modern history,” said Varney.

The TRC said De Klerk falsely claimed not to have been told about the 1988 bombing of the South African Council of Churches headquarters in Johannesburg, a centre of anti-apartheid activity, even though he was at a meeting when the then president, PW Botha, congratulated the minister of law and order for the attack.

FW de Klerk takes an oath before testifying before the Truth and Reconciliation Commission in Cape Town in 1997.
FW de Klerk takes an oath before testifying to the Truth and Reconciliation Commission in Cape Town in 1997. Photograph: Sasa Kralj/AP

Even if De Klerk was not the most culpable of the apartheid-era politicians, the TRC said he was “an accessory to the commission of gross human rights violations” and that he “contributed to creating a culture of impunity within which gross human rights violations were committed”.

Only one member of the apartheid government, the former law and order minister Adriaan Vlok, who was responsible for the South African Council of Churches bombing, has repented and admitted his crimes. He was reported to have implicated De Klerk in sealed submissions to prosecutors. In 2014, Vlok called for others to come forward and apologise for their actions.

So how has De Klerk managed to sidestep accountability for so long and maintain his reputation around the world? In part by mischaracterising the TRC’s report to claim that it cleared him. That outrages Sooka, the former truth commissioner.

“Both De Klerk and his foundation have continued to suggest that the TRC effectively exonerated him. This is patently false,” she said. “The TRC examined the responsibility of De Klerk and his colleagues through the lens of domestic criminal law, concluding that, at the very least, the SSC’s members were ‘politically and morally accountable for the deaths that occurred’”.

De Klerk has also benefited from what might be regarded as an unholy alliance between the former regime and the ruling African National Congress. The TRC was empowered to offer amnesty from prosecution to those who confessed their crimes and told the truth. Its hearings provided an important venue for South Africans to voice their suffering and discover the fate of murdered and disappeared loved ones as a step towards healing the nation.

Surveys by the Institute for Justice and Reconciliation found that two-thirds of South Africans thought the TRC’s hearings were a good foundation for reconciliation. But only a third said the government had done enough to prosecute perpetrators of human rights abuses.

That is in part because successive post-apartheid governments have had no appetite for going after political and security chiefs of the defunct white regime for fear that ANC officials would also be open to prosecution for some of the liberation movement’s crimes, including bombings of civilians and torture.

Sooka and others are trying to change that. Among those she would like to see finally held to account is De Klerk for lying to the TRC and “for having command and superior responsibility for the crimes perpetrated by the apartheid state”.

“Given his senior role in the SSC, there are reasonable grounds to believe that, based on the TRC’s findings and the doctrine of superior responsibility, De Klerk has a case to answer under international criminal law for acts committed pursuant to the SSC’s orders that constitute crimes against humanity, and domestically, as these international crimes remain prosecutable under South African law today,” she said.

Heavily armed police officers watch as anti-apartheid student protesters at the University of Witwatersrand hold flowers and flash peace signs in 1989.
Armed police officers watch as anti-apartheid student protesters at the University of Witwatersrand hold flowers and flash peace signs in 1989. Photograph: Louise Gubb/Corbis/Getty

Among those demanding accountability at last are relatives of the Cradock Four. Lukhanyo Calata, the son of one of the murdered men, has accused the ANC of political interference to subvert an investigation and prosecution of those responsible, including De Klerk.

Calata has also sought to hold De Klerk accountable on the world stage. Last year, the American Bar Association was forced to withdraw an invitation to South Africa’s former president to give an address on minority rights, social change and racism after Calata accused De Klerk of complicity in his father’s killing and questioned why the association thought the white former leader of the apartheid government was the right person to speak about racial justice.

The FW de Klerk Foundation described the cancellation of the speech as “symptomatic of a growing threat to liberal values everywhere”.

Chris McGreal was based in Johannesburg for the Guardian during the transition from apartheid

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Missing child in Germany: German boy found alive after surviving eight days in sewer | International

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German police have found an eight-year-old boy who went missing from his home in Oldenburg, a city of 170,000 people in northwestern Germany. The child, named Joe, was discovered on Saturday in a sewer just 300 meters from his house. He had survived in the sewer for eight days while hundreds of officers and volunteers frantically searched the surface for clues to his whereabouts. “Eight-year-old Joe lives!” police in Oldenburg announced on Twitter.

The boy, who suffers from learning disabilities, disappeared on June 17 from the garden of his house. Police launched a large-scale search with drones, helicopters, sniffer dogs and dozens of officers, who were joined by hundreds of volunteers. As the days passed, a homicide team joined the investigation amid growing fears that Joe – who is only identified by his first name due to Germany’s privacy laws – could have been the victim of a violent crime. A witness claimed to have seen him in the company of an unidentified man and it was feared he may have been kidnapped.

“It was absolute luck,” said Stephan Klatte, the Oldenburg police spokesman, said of Joe’s discovery. A neighbor who was walking in the area raised the alarm when he heard “a whining noise” coming from the ground, just under a drain. When officers lifted the manhole cover, they found the boy, completely naked. He had no serious external injuries, but was dehydrated and suffering from hypothermia, for which he was taken to hospital for treatment. According to German media, he is recovering well. “If he hadn’t made a sound, or if no one had heard him, we might never have found him,” Klatte said.

In a statement, the police reported that they believed that Joe likely entered the rainwater drainage system through a sewer on the same day of his disappearance and “lost his bearings after walking several meters.” Police have ruled out any foul play in the incident.

On Sunday, the day after Joe was discovered, police commissioned a specialized company to inspect the sewage system with a robot equipped with a camera. The robot examined the sewer between the boy’s home and the place where he was found. It recorded several items of clothing, including what he was wearing when he disappeared, in a pipe about 60 centimeters in diameter that runs under one of the streets of the neighborhood where he lives with his parents. The robot found, for example, the child’s vest, 70 meters from the point of entry.

Officers found an entrance to a three-foot-wide drainage channel near the farm where he was last seen on the day of his disappearance. Authorities believe the boy entered the channel while playing. After 23 meters, the tunnel leads to another narrower plastic pipe and police think it is likely the eight-year-old continued down this path. Joe was eventually found about 290 meters from where he entered the sewer system.

Police believe that Joe became more and more disoriented until he could no longer find a way out. “A first statement from the child confirms this assumption,” said the statement, which does not provide more details about what he told officers. Investigators say they have not been able to question the boy in detail, as he remains in hospital. Nothing has been found to suggest that the child came to the surface in the eight days in which he was missing. In the statement, police asked that no questions about his state of health be made out of respect for him and his family.



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Bereaved then evicted by in-laws: Kenya’s widows fight disinheritance | Global development

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Within months of the death of her husband in 2014, Doreen Kajuju Kimathi, from Meru, eastern Kenya, was told that his bank accounts had been frozen, and she had been forced out of her home by her in-laws.

The pregnant 37-year-old was left with no resources to fight back, and returned to her parents’ home. “It was traumatising, and I went into depression for five years,” says Kimathi.

Doreen Kajuju Kimathi
Doreen Kajuju Kimathi, who now volunteers for a widows’ support group. Photograph: Courtesy of Widows Empowerment Initiative for Africa

Her experience is far from unique. While Kenya protects widows’ inheritance in theory, the patriarchal culture and the influence of colonial legislation that restricted married women’s property rights means the law is often not enforced.

“There is an entire parallel system operating outside succession laws,” says Roseline Njogu, a Kenyan lawyer. “Years of law reform have led us to formal equality, but equality of law doesn’t mean equality of power, and that’s where we get tripped up.”

Human rights groups report that discriminatory practices in marriage limit women’s capacity to own land. According to the Kenya Land Alliance, only 1% of land titles are registered to women, and another 6% are registered jointly with a man.

While children have equal inheritance rights, land is more often passed on to sons, leaving daughters with fewer assets, and making a future wife vulnerable to eviction if her spouse’s family regard the property as theirs.

For young widows such as Kimathi, it can be even harder to hold on to marital property. “You’re considered less entitled to it because you’re expected to remarry,” she says.

But a fightback is under way. Grassroots organisations are emerging all around the country to build community awareness of women’s legal rights. One group, the Come Together Widows and Orphans Organization (CTWOO), has offered legal advice and support to nearly 500,000 widows since 2013.

The NGO is trying to address disinheritance at its roots. It works with other groups to increase financial and legal literacy across the country, especially among married couples, encouraging them to discuss finances openly, and to write wills.

Dianah Kamande, the founder of the Come Together Widows and Orphans Organization.
Dianah Kamande, the founder of the Come Together Widows and Orphans Organization. Photograph: Courtesy of CTWOO

The founder, Dianah Kamande, says that – contrary to popular belief – most dispossessed widows are middle-class, like Kimathi, not poor. The poor usually have less property, and the rich have access to lawyers.

Kamande says death and estate planning are still taboo topics for many married couples, and that some people obscure their wealth. “Men keep lots of secrets about money from their wives, and trust their mothers and siblings more – who in turn disinherit the wife and children,” she says.

Widows Empowerment Initiative for Africa logo
Grassroots groups are emerging to build awareness of widows’ rights. Photograph: Courtesy of Widows Empowerment Initiative for Africa

The country’s Unclaimed Financial Assets Authority says it has 50bn Kenyan shillings (£347m) in unclaimed assets, and about 40% is money left by people after they die. Concerned by the rising number of unclaimed assets, research by the authority found roughly 43% of Kenyan respondents said they would not disclose their financial assets to anyone – even people they trusted.

“There’s secrecy around financial investments. For many of the people who find out about the assets left by their spouse, it’s a eureka moment,” says Paul Muya, of the UFAA.

Five years after being widowed, Kimathi’s life was still on hold. She had looked into hiring a lawyer but could not afford it. Without access to the family property, it was difficult for her and her son to get by, and she had to rely on help from her parents and sister.

But through the CTWOO, she found out that she did not need a lawyer to access the courts. She filed a claim, and within a year had gained access to almost all of her dead husband’s property. Last year, Kimathi opened a bar and restaurant in Kitui, 110 miles east of Nairobi.

“It was a huge relief to get the money. Being a widow in Kenya is financially and socially isolating, and knowing what that’s like pushed me to help others in the same situation,” says Kimathi, who now volunteers with a widows’ support group.

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WHO concerned about first cases of monkeypox in children | Science & Tech

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Reports of young children infected by monkeypox in Europe – there were at least four in recent days, with a fifth one recorded a few weeks ago – have raised concern about the progress of an outbreak now affecting more than 5,500 people in 51 countries.

The health organization’s Europe chief, Hans Kluge, also warned on Friday that overall cases in the region have tripled in the last two weeks. “Urgent and coordinated action is imperative if we are to turn a corner in the race to reverse the ongoing spread of this disease,” said Kluge.

The WHO has not yet declared the outbreak a global health emergency, however. At a meeting last Saturday, the agency ruled it out but said it could change its views if certain scenarios come to pass, such as a spike in cases among vulnerable groups like children, pregnant women and immunocompromised people. Available data shows that children, especially younger ones, are at higher risk of serious illness if they become infected.

The last known case of a child contracting monkeypox was reported on Tuesday in Spain, where a three-year-old was confirmed to have the disease. Cases in Spain are now in excess of 1,500 according to health reports filed by regional governments.

Also on Tuesday, Dutch authorities reported that a primary school student had become infected and that contact tracing had been initiated to rule out more cases within the child’s close circle of contacts. On Saturday, France reported one confirmed case and one suspected case among elementary school students.

The UK has so far recorded at least two infections in minors. The first case, reported in May, involved a baby who had to be taken to intensive care for treatment with the antiviral Tecovirimat, of which few doses are available but which has already begun to be distributed in several countries. British authorities this week reported a second case of a child with monkeypox. The UK currently has the biggest monkeypox outbreak beyond Africa.

The main vaccine being used against monkeypox was originally developed for smallpox. The European Medicines Agency said earlier this week it was beginning to evaluate whether the shot should be authorized for monkeypox. The WHO has said supplies of the vaccine, made by Bavarian Nordic, are extremely limited.

Until May, monkeypox had never been known to cause large outbreaks beyond Africa, where the disease is endemic in several countries and mostly causes limited outbreaks when it jumps to people from infected wild animals.

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