‘Free at last’: When South Africa voted in democracy, kicked out apartheid | Nelson Mandela News

He cast a vote.

There is nothing remarkable about that. In this year alone nearly 50 percent of the world’s population will head to the polls in at least 64 countries. They may not all meet the bar of being free and fair but that is still some four billion people who will fill in a ballot in some form or another.

But this particular vote was cast 30 years ago on April 27, 1994. It was South Africa’s first democratic election and the man voting for the first time was Nelson Mandela.

He chose to vote in Inanda in KwaZulu-Natal – the polling station close to the grave of John Dube who was the founding president of Mandela’s African National Congress (ANC). Being Mandela, he stopped to pay his respects at the graveside, and then being Mandela he waited his turn to vote rather than go straight to the front.

I’d joined the queue shortly before him to be in place when he voted – and I, along with about 20 million other South Africans, cast a ballot for the first time. The vast majority had been forbidden from voting in the apartheid state because they were not white. In my case, I had chosen not to exercise the right to vote until everyone who wanted to could – a white-only vote was one, I believed, in support of a white-only state.

The polling booth was moved outside into the gentle April sunlight – and I stood a few feet away as Mandela held his ballot aloft. He moved from one side of the ballot box to the other, checking the media was happy with the angle, and then with that incandescent smile he cast his vote. Onlookers erupted in a refrain that I’d heard at so many protest meetings through the dark apartheid years: “Viva Mandela, viva, viva the ANC, viva.”

Then African National Congress leader, Nelson Mandela, casts his vote on April 27, 1994, near Durban, South Africa [John Parkin/AP]

He shuffled forward to where some microphones had been positioned, the smile fading as he acknowledged the import of what had just happened in a simple sentence: “It is the realisation of hopes and dreams that we have cherished over decades.”

Although Mandela voted on April 27, a day that has now become Freedom Day, the process was held over a three-day period throughout the country. Jubilant people of all colours stood in long queues, sometimes for hours, it was a time of celebration, a time in which South Africa truly became the Rainbow Nation. The mood was summed up most succinctly by a self-professed card sharp who’d come to South Africa from neighbouring Lesotho decades before – jumping up and down after casting his vote in Cape Town, Archbishop Desmond Tutu giggled maniacally and repeated time and again: “Free at last, we’re free at last.”

Civil war avoided

Amid the joy though, it was hard not to reflect on how close the country had come to outright civil war in the months preceding this election.

Political violence was ever-present during the Convention for a Democratic South Africa (CODESA) lengthy negotiations held to secure agreement of all parties on the nature of a new South African democracy.

At one stage I watched as Mandela pulled apartheid President FW de Klerk into an annexe out of earshot – the normally equanimous ANC leader was gesticulating violently, clearly enraged, while de Klerk stood dumbly, looking at the ground for the most part.

Later I learned that Mandela had been briefed that National Party (NP) leader de Klerk was suspected of still deploying armed groups to foment violence in a bid to either disrupt negotiations or gain more leverage in them. “He accused de Klerk of switching violence on and off like a tap, and threatened to walk away if it didn’t stop,” one of Mandela’s senior aides told me.

South Africa 30 Years Anniversary
Mandela, left, shakes hands with Zulu King Goodwill Zwelithini as President FW de Klerk and Inkatha Freedom Party leader Mangosuthu Buthelezi, right, look on following a summit ahead of South Africa’s first democratic election in 1994 [John Parkin/AP]

Then there was the issue of Mangosuthu Buthelezi and his Inkatha Freedom Party (IFP) – the Zulu-based movement refused to take part in negotiations and continued deploying fighters to attack political opponents in several parts of the country, the Western Cape and KwaZulu-Natal in particular. Mandela met Buthelezi in Durban at the beginning of March 1994 and attempted to secure both a truce and an agreement to end the violence. He implored the Zulu leader to call off his “impis”, or armies, and join the electoral process.

I stood in the foyer of the Blue Waters hotel and watched as Mandela left the meeting, his face set in a grim mask, clearly having failed. An Inkatha adviser told me Buthelezi was insisting on the autonomy of the Zulu tribe, and of the Zulu monarch Goodwill Zwelithini. Part of the problem, too, was Buthelezi’s belief that as a Xhosa, Mandela was seeking primacy of his own tribe. This despite the core principle of both Mandela and his ANC that tribe and race should play no part in political affairs.

A few days later the ANC sent a new delegation which met with Buthelezi in private. It was led by Mosiuoa Lekota, known as “Terror” because of his youthful skills as a soccer player. Terror was part of a new generation of activists who had been imprisoned on Robben Island alongside Mandela and other leaders. He entered prison as a Black Consciousness follower opposed to the nonracial ANC but was converted to the ANC cause while in prison. On being released he became a powerful force in the United Democratic Front (UDF), a body that was formed to fill the public political vacuum left because of the apartheid government banning the ANC. I’d become friends with Terror, and in fact gave evidence for the defence when he and other UDF members were tried and convicted in the Delmas Treason Trial. Terror was sent back to jail, but released with all other political prisoners when the ANC was unbanned in 1990.

Most importantly, though, with regard to Buthelezi, Terror was from the small Orange Free State town of Kroonstad and was neither Xhosa nor Zulu. While on Robben Island he’d also forged a close relationship with Jacob Zuma, who as a Zulu had the ear of Buthelezi. (It was a relationship that ran into rocky waters in a new century but more on that later).

Terror struck a deal. He told me subsequently that Mandela and other senior ANC leaders had put together a proposal they knew Buthelezi couldn’t resist if it came from what he would see as a messenger untainted by tribe. Buthelezi was promised a seat in the Government of National Unity for the first 10 years of democracy, and the status of Zulu royalty would be guaranteed in the constitution.

People queue to cast their votes In Soweto, South Africa, on April 27, 1994, in the country’s first all-race elections [Denis Farrell/AP]

Buthelezi agreed to take part in the election – a decision that came so late that the name of the IFP had to be pasted at the bottom of the ballot sheet shortly before the polling began on April 26, 1994. There was a marked cessation in violence, and the election went ahead peacefully.

The reason why Mandela voted in the Zulu stronghold of Inanda was to send a powerful message that the killing would be no more. The IFP won 11 percent of the vote, de Klerk’s NP 20 percent, and the ANC emerged victorious with 63 percent.

The nation celebrated, as it did the following year when South Africa won the Rugby World Cup, and in 1996 when it won the Africa Cup of Nations becoming the continent’s football champions. A beaming Mandela handed over the trophy on each occasion.

It would be decades before national unity would be so publicly celebrated again.

‘The ANC is dying’

South Africa won the Rugby World Cup again in England in 2007, and this time it was Mandela’s successor, Thabo Mbeki, who appeared with the team. The joy back home was muted though in what had become a political crisis of massive proportions.

It all began to fall apart in 2005, when then-President Thabo Mbeki tried to get rid of his Vice President Jacob Zuma, who was facing charges of corruption and rape. After years of political infighting that began to rupture the ANC, Zuma was elected the organisation’s president at its National Convention in Polokwane in 2008. Despite pleas by Nelson Mandela to end the infighting it was the first time in nearly sixty years that the ANC leadership was contested.

Mandela’s old comrades were rooted out of their positions by the Zuma loyalists – among them was Terror Lekota who’d been serving as the ANC’s secretary-general. I spoke to Terror in Polokwane straight after he’d been voted out of his position.

“It’s over,” he said. “The ANC is dying. Belief in nation has been lost in belief in faction and self-interest. The giants of the past have been replaced by maggots whose concerns are not country, but self.”

African National Congress supporters, one holding a portrait of Nelson Mandela, gather at the Moses Mabhida stadium in Durban, South Africa, in February 24, 2024 [Jerome Delay/AP]

Terror left the ANC and formed his own political party. In 2008, Mbeki stepped down as the country’s president at the request of the ruling ANC – and was replaced by Jacob Zuma.

Zuma ruled over a country in decline – rampant corruption, economic mismanagement and sheer greed saw a giant on the continent shrivel to a skeleton of its former self.

Mandela died in December 2013, and the country came together once again, this time not in celebration but in mourning.

His coffin was taken around the country and long lines formed to pass it and pay their respects – an echo of the queues that formed when so many voted for the first time in 1994. His public memorial service was held on a dismal rainy day at a football stadium in Soweto. I walked down to the VIP drop-off point and spoke to some of the many leaders that Mandela had influenced as they arrived – among them members of the Elders, a group of global leaders Mandela had formed in 2007 to work together for peace, justice, human rights and a sustainable planet.

Former US President Jimmy Carter had spent decades observing elections around the planet. “South Africa 1994 was the most special one,” he told me. Another Elder, Desmond Tutu, was smiling; “he’s going to God,” he said, “and can tell him he got me my vote”.

“What about the ANC now?” I asked. Tutu rolled his eyes and said, “Let’s not make the dead angry.”

Archbishop Desmond Tutu, left, and Mandela sing songs during a rally in Soweto in May 1994 [David Brauchli/AP]

“I’ll miss him,” said former President de Klerk. “I will too,” said another former president, Mbeki, a few minutes later.

I went back up into the stands in the stadium – there were cheers for both former presidents when they entered; though not as loud as those for the then-US President Barack Obama. Zuma, then president of South Africa, entered to resounding boos.

Another crucial election

Over the years, Zuma faced several corruption charges and finally resigned as president in 2018.

He was subsequently convicted of corruption, sentenced to jail, released on health grounds, resent to jail, and then released because of what was described as overpopulation in prisons.

The real reason, many believe, was an attempt to curb the massive violence being carried out by his followers in protest against his imprisonment.

Zuma’s support base is largely fellow Zulus, an echo of the impis unleashed so many years ago by the IFP’s Buthelezi. On being expelled from the ANC, Zuma formally joined the MK party, or uMkhonto weSizwe (meaning Spear of the Nation), a name taken from the former military wing of the ANC which the governing party has attempted to dispute its claim to. At this stage, though, MK is set to contest the elections in May and could seriously threaten another ANC victory.

Cyril Ramaphosa, left, and Jacob Zuma at Parliament in Cape Town in 2016 [Mike Hutchings/Reuters]

Zuma’s successor as ANC president, Cyril Ramaphosa, came to office with the pledge of rooting out all corruption and restoring the nonracial principles and honesty of Mandela’s ANC. It’s a ship he is struggling to steer. But as a man who earned respect as general secretary of the mineworkers union 40 years ago, as a person who was handpicked by Mandela to be at his side when he was released from prison, and seen by many as imbued with the best of what was the ANC, most South Africans are praying and hoping that he will succeed.

Like so many South Africans around the world, I was watching as my country won another Rugby World Cup in 2019. This was a different team to the ones of the past; it was truly representative of the nation it represented and had developed a culture of inclusiveness and humility.

No one embodies what this team is about more than its captain, Siyamthanda “Siya” Kolisi. For the first time since 1994 the country celebrated as one – and Siya and his teammates became symbols of hope for a battered people.

Celebrations again with yet another World Cup win under Kolisi in 2023, this time in France.  And a consistent message from the captain – that the everyday hardship for the people at home is the prime motivating factor for his team.

“So many problems for our country, but to have a team like this … we know we come from different backgrounds, different races, and we came together with one goal and wanted to achieve it. I really hope that we’ve done that for South Africa, to show that we can pull together if we want to work together and achieve something.”

South Africa’s Siya Kolisi lifts the Webb Ellis Cup as they celebrate winning the Rugby World Cup final in October 2023 [Benoit Tessier/Reuters]

Among the celebratory footage I saw were images of people dancing in Kolisi’s hometown of Zwide in the Eastern Cape. It’s an area I know well – throughout the dark and deadly decade of the 1980s, Zwide and its neighbours around the urban centre of Uitenhage were the epicentre of resistance to the apartheid regime. They were, and remain, areas of intense poverty.

For years I reported as countless residents were shot by the police and the army, arrested, tortured, and in some cases simply taken away and executed. But still they fought back. It became a deadly pattern – demonstrations against the regime, people killed by the apartheid forces, then the funerals, more demonstrations, more deaths. There seemed no end to it, no hope, yet the people would not give up.

It became clear to me that what motivated this resistance was more than hope, it was a belief that things would get better. It was a belief that beckoning beyond the ugliness was a nation in which all would be free, a place in which race or tribe or class played no major part, a country in which a vote was a given.

This is where Kolisi comes from, and this hope is what he reminds me of.

The promise made by Nelson Mandela 30 years ago of a better life is still to be fully realised, but Kolisi’s words are a reminder that all is not done, the process may not be over.

“We love you South Africa,” he says, “and we can achieve anything if we work together as one”.

Check out our Latest News and Follow us at Facebook

Original Source

US House approves aid package worth billions for Ukraine, Israel | Politics News

The Democratic-majority Senate is expected to vote on the bill next week, sending it to President Joe Biden to sign into law.

The United States House of Representatives with broad bipartisan support has passed a $95bn legislative package providing security assistance to Ukraine, Israel and Taiwan, despite bitter objections from Republican hardliners.

The legislation proceeded on Saturday to the Democratic-majority Senate, which passed a similar measure more than two months ago.

US leaders from Democratic President Joe Biden to top Senate Republican Mitch McConnell had been urging embattled Republican House Speaker Mike Johnson to bring it up for a vote.

The Senate is expected to pass the measure next week, sending it to Biden to sign into law.

The bills provide about $61bn to address the conflict in Ukraine, including $23bn to replenish US weapons, stocks and facilities; $26bn for Israel, including $9bn for humanitarian needs; and $8bn for the Asia Pacific, including Taiwan.

Zelenskyy thanks the House

Ukrainian President Volodymyr Zelenskyy expressed his thanks, saying US lawmakers moved to keep “history on the right track” by supporting his country after it was invaded by Russia.

“The vital US aid bill passed today by the House will keep the war from expanding, save thousands and thousands of lives, and help both of our nations to become stronger,” Zelenskyy said on X.

Russian Foreign Ministry spokeswoman Maria Zakharova, meanwhile, said the new US legislation would “deepen crisis throughout the world”.

“Military assistance to the Kyiv regime is direct sponsorship of terrorist activity,” Zakharova said on Telegram.

It was unclear how quickly the new military funding for Ukraine will be depleted, likely causing calls for further action by Congress.

Biden, who had urged Congress since last year to approve the additional aid to Ukraine, said in a statement: “It comes at a moment of grave urgency, with Israel facing unprecedented attacks from Iran and Ukraine under continued bombardment from Russia.”

The vote on passage of the Ukraine funding was 311-112. Only 101 Republicans supported the legislation, with 112 voting against it.

Al Jazeera’s Patty Culhane, reporting from Washington, said the number of Republicans who voted against the bill at the House is significantly high.

“It is very notable that 112 Republicans voted ‘no’ for different reasons,” she said.

“Some believe the European Union should do more to help Ukraine, while some others said the money should be spent at home and Ukraine has no accountability on how it spends the funds.

“This package passed, but it calls into question what might happen next if Ukraine needs more funds in the future,” our correspondent added.

House backs Israel

Meanwhile, the House’s actions during a rare Saturday session put on display some cracks in what is generally solid support for Israel within Congress.

Saturday’s vote, in which the Israel aid was passed 366-58, had 37 Democrats and 21 Republicans in opposition.

Al Jazeera’s Culhane said the Democrats who voted against the bill on Israel were very vocal in their criticism of Israeli Prime Minister Benjamin Netanyahu.

“The number might not sound like a lot … but this is really remarkable. It would be unimaginable a decade or two ago,” she said. “I believe it shows a great shift in the Democratic Party.”

Passage of the long-awaited legislation was closely watched by US defence contractors, who could be in line for huge contracts to supply equipment for Ukraine and other US partners.

House Speaker Johnson this week chose to ignore ouster threats by hardline members of his fractious 218-213 majority and push forward the measure that includes funding for Ukraine as it struggles to fight off the two-year Russian invasion.

The unusual four-bill package also contains a measure that includes a threat to ban the Chinese-owned social media app TikTok and the potential transfer of seized Russian assets to Ukraine.

Some Republicans repeatedly raised the threat of remove Johnson, who became speaker in October after his predecessor, Kevin McCarthy, was taken down by party hardliners.

Check out our Latest News and Follow us at Facebook

Original Source

Will India’s election be free and fair? | India Election 2024 News

Opponents and rights groups allege repression has increased in recent years.

Six weeks of voting have begun in an election where India’s Prime Minister Narendra Modi is seeking a third term.

Opponents say repression and sectarianism have increased under his leadership.

So, what are the issues? And will the election be free and fair?

Presenter: Sami Zeidan

Guests:

Mohan Krishna – Spokesperson for the governing Bharatiya Janata Party (BJP)

Arshpreet Khadial – Chief Spokesperson for the opposition Indian National Congress

Sravasti Dasgupta – Reporter for The Wire who specialises in Indian politics

Check out our Latest News and Follow us at Facebook

Original Source

Togo approves constitutional reform changing how president is elected | Elections News

Those opposed to the changes fear they could allow further extensions to President Faure Gnassingbe’s rule.

Lawmakers in Togo have approved changes to the constitution linked to presidential term limits and how presidents are elected, which some opposition politicians and civil society groups have denounced as a constitutional coup.

Togo’s parliament had already adopted the amendments on March 25, but the reforms led to an opposition backlash so President Faure Gnassingbe called for further consultations and a second parliamentary vote.

The lawmakers gave final approval to the reform late on Friday, just days before the April 29 legislative elections that had also been pushed back due to the issues around the constitutional amendments.

The second reading was passed with all 87 politicians present agreeing to the new system, under which the president will no longer be elected by universal suffrage, but by members of parliament.

The amendments also introduced a parliamentary system of government and shortened presidential terms to four years from five with a two-term limit.

It does not take into account the time already spent in office, which could enable Gnassingbe to stay in power until 2033 if he is re-elected in 2025, a highly likely scenario as his party controls parliament.

Those opposed to the changes fear they could allow further extensions of the president’s 19-year rule and his family’s grip on power. His father and predecessor Gnassingbe Eyadema seized power in the coastal West African country via a coup in 1967.

In a statement on Saturday, the Dynamique Pour la Majorité du Peuple (DMP) opposition coalition and other signatories said the constitutional changes were a political manoeuvre to allow Gnassingbe to extend his tenure for life.

“What happened at the National Assembly yesterday is a coup d’etat,” they said.

“Large-scale action will be organised over the next few days to say ‘no’ to this constitution.”

‘To preserve power by any means’

“Togo has just turned a new page on its way towards a more inclusive and participatory democracy. This is a satisfaction and a source of pride for us,” Koumealo Anate, a lawmaker from Gnassingbe’s ruling UNIR party, told reporters after Friday’s vote.

However, a group of 17 civil society organisations said the amendments amount to a “project to … confiscate power by a regime that is systematically opposed to any form of democratic change”, in a joint statement they issued this week. They also called on West Africa’s main political and economic bloc ECOWAS to take action in response.

“Time has shown us that the major concern of his regime is to preserve power by any means,” Nathaniel Olympio, president of the opposition party Parti des Togolais, told the AFP news agency before the vote.

“The function of president of the council gives someone the latitude to exercise power in an unlimited manner, so logically we believe that this is the position that he will hold for himself.”

Several other African countries, including the Central African Republic, Rwanda, Republic of the Congo, Ivory Coast and Guinea, have pushed through constitutional and other legal changes in recent years allowing presidents to extend their terms in office.

The West and Central African region has also witnessed eight military coups in the past three years.

Violent police crackdowns on political demonstrations have been routine under Gnassingbe, as they were during his father’s long rule.

Faure Gnassingbe was last re-elected in a 2020 landslide disputed by the opposition.

The new constitution also creates a new role, president of the council of ministers, with extensive authority to manage government affairs.

Check out our Latest News and Follow us at Facebook

Original Source

US Senate votes to reauthorise controversial surveillance programme FISA | Government News

President Joe Biden expected to swiftly sign bill that lets intelligence agencies conduct electronic surveillance without seeking warrant.

The United States Senate has voted to approve the reauthorisation of a controversial surveillance programme widely used by US intelligence agencies abroad, but criticised by civil liberties organisations.

Senators voted 60-34 shortly after midnight to pass the bill, and the White House said President Joe Biden will “swiftly sign the bill into law”.

Section 702 of the Foreign Intelligence Surveillance Act, or FISA, enables US intelligence agencies to conduct electronic surveillance without seeking a judicial warrant.

In particular, it allows them to sweep up communications, including phone calls and emails, of non-Americans anywhere outside of US territory. That includes communications from US citizens to foreigners targeted for monitoring.

Its reauthorisation secures what supporters call a key element of US foreign intelligence gathering.

“Democrats and Republicans came together and did the right thing for our country’s safety,” Senate Majority Leader Chuck Schumer said.

“We all know one thing: letting FISA expire would be dangerous. It’s an important part of our national security, to stop acts of terror, drug trafficking and violent extreme extremism.”

Doubts and concerns

Though the spy programme was technically set to expire at midnight, Biden’s administration had said it expected its authority to collect intelligence and to remain operational for at least another year, thanks to an opinion earlier this month from the Foreign Intelligence Surveillance Court, which receives surveillance applications.

FISA has attracted criticism from both Republican and Democratic lawmakers, who argue it violates Americans’ constitutional right to privacy.

The bill was blocked three times in the past five months by House Republicans bucking their party, before passing last week by a 273-147 vote when its duration was shortened from five years to two years.

Although the right to privacy is enshrined in the US Constitution, foreign nationals’ data gathered by the programme often includes communications with Americans, and can be mined by domestic law enforcement bodies such as the FBI without a warrant. That has alarmed many.

Recent revelations that the FBI used this power to hunt for information about Black Lives Matter protesters, congressional campaign donors and US lawmakers have raised further doubts about the programme’s integrity.

In the past year, US officials have revealed a series of abuses and mistakes by FBI analysts in improperly querying the intelligence repository for information about Americans or others in the US, including a member of Congress and participants in the racial justice protests of 2020 and the January 6, 2021, riot at the US Capitol.

But members on both the House and Senate intelligence committees as well as the US Department of Justice said requiring a warrant would handicap officials from quickly responding to national security threats.

Check out our Latest News and Follow us at Facebook

Original Source

Nigeria’s cybercrime reforms leave journalists at risk | Cybercrime

The officers treated journalist Saint Mienpamo Onitsha as if he was violent and dangerous. Guns drawn, they arrested him at the home of a friend, drove him to the local police station in Nigeria’s southern Bayelsa State, and then flew him to the national capital, Abuja.

A week later, they charged Onitsha under the country’s 2015 Cybercrimes Act and detained him over his reporting about tensions in the oil-rich Niger Delta region. This was in October 2023. He was released on bail in early February and is due to appear before a court on June 4.

The Cybercrimes Act is tragically familiar to Nigeria’s media community. Since its enactment, at least 25 journalists have faced prosecution under the law, including four arrested earlier this year. Anande Terungwa, a lawyer for Onitsha, described the law to me as a tool misused to “hunt journalists”.

For years, media and human rights groups had been calling for the act to be amended to prevent its misuse as a tool for censorship and intimidation. Then, in November last year, Nigeria’s Senate proposed amendments and held a public hearing to help shape changes. The Committee to Protect Journalists (CPJ), alongside other civil society and press groups, submitted recommended reforms.

On February 28, Nigerian President Bola Tinubu signed amendments to the act, including revisions to a section criminalising expression online, according to a copy of the law shared with me by Yahaya Danzaria, the clerk of Nigeria’s House of Representatives. The changes, which have yet to be published in the government gazette, have buoyed hopes for improved press freedom, but the law continues to leave journalists at risk of arrest and surveillance.

“It’s better, but it’s definitely not where we want it to be,” Khadijah El-Usman, senior programs officer with the Nigeria-based digital rights group Paradigm Initiative, told me in a phone interview about the amended law. “There are still provisions that can be taken advantage of, especially by those in power.”

One of the primary concerns has been Section 24 of the law, which defines the crime of “cyberstalking”. It is this section that authorities repeatedly used to charge journalists, and it is one of the sections that was amended.

Under the previous version of the law, Section 24 criminalised the use of a computer to send messages deemed “grossly offensive, pornographic or of an indecent, obscene or menacing character”, and punished such offences with up to three years in prison and a fine. The same punishment applied for sending knowingly false messages “for the purpose of causing annoyance” or “needless anxiety”. In practice, this meant journalists risked jail time based on highly subjective interpretations of online reporting.

The amended version maintains the heavy penalty, but refines the offence as computer messages that are pornographic or knowingly false, “for the purpose of causing a breakdown of law and order, posing a threat to life, or causing such messages to be sent”. While the narrower language is welcome, the possibility for abuse remains.

“It could have been more specific in wording,” Solomon Okedara, a Lagos-based digital rights lawyer, told me after reviewing the amended section. He said it was an improvement because the burden of proof to bring charges is higher, but still leaves room for authorities to make arrests on claims that certain reporting has caused a “breakdown of law and order”.

It remains to be seen exactly how these changes will affect the cases of journalists and others previously charged under now-amended sections. “It is now for the lawyers to use,” Danzaria explained. “You cannot use an old law to prosecute somebody…if [the case] is ongoing, the new law supersedes whatever was in place.”

For Onitsha’s case, Terungwa said he would seek to incorporate the amendments into his defence in court. CPJ continues to call for authorities to drop all criminal prosecutions of journalists in connection with their work.

Another issue with the law – even after the recent amendments – is how it may permit surveillance abuses. Section 38 of Nigeria’s Cybercrimes Act fails to explicitly require law enforcement to obtain a court-issued warrant before accessing “traffic data” and “subscriber information” from service providers. This oversight gap is particularly concerning given how Nigeria’s police have used journalists’ call data to track and arrest them.

“I’m looking towards a future cybercrimes act that respects human rights,” El-Usman emphasised, noting the need for laws that guard against abuses, not just in Nigeria, but across the region. From Mali to Benin to Zimbabwe, authorities have used cybercrime laws and digital codes to arrest reporters for their work. Journalists’ privacy is also broadly under threat.

Nigeria’s lawmakers have proven they can act to improve freedom of the press and expression in their country, but journalists remain at risk. Those same lawmakers have the opportunity to make further reforms that would protect the press locally and send a rights-respecting message beyond their borders. Will they seize it?

The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial stance.

Check out our Latest News and Follow us at Facebook

Original Source

Croatia’s top court bars President Milanovic from becoming prime minister | Politics News

Constitutional Court says Zoran Milanovic cannot take up PM post because he did not first step down as president.

Croatia’s top court has ruled that President Zoran Milanovic, who had campaigned to become prime minister before this week’s parliamentary elections, may not head the new government.

“The president has been warned in time that he cannot participate in the campaign but that he must [first] resign. Now it is over. He can no longer be a prime minister-designate,” Constitutional Court President Miroslav Separovic said at a news conference on Friday.

“Everyone is obliged to adhere to the constitution and the law,” he added.

Croatia held parliamentary elections on Wednesday, in which the ruling conservative Croatian Democratic Union (HDZ) won the most seats but not enough to form a government alone.

The vote was held after a bitter campaign between longtime political foes – the conservative incumbent, Prime Minister Andrej Plenkovic, and the left-wing populist Milanovic.

For months, Plenkovic and his Croatian Democratic Union (HDZ) party seemed poised for an easy victory that would secure his third term as premier.

But in mid-March, Milanovic, who tops opinion polls, made the shock announcement that he would challenge Plenkovic and become the candidate for the Social Democrats.

Milanovic dissolved parliament on March 18, triggering this week’s snap election in the European Union member state of 3.8 million people. He said he would run for prime minister and resign only after winning the polls.

The Constitutional Court then immediately warned him that he could only stand in the elections if he first stepped down as president.

But Milanovic ignored the warning and campaigned across the country, accusing Plenkovic of leading the “most corrupt government in Croatia’s history”.

Corruption has long been the Achilles heel of the HDZ, which has been in power most of the time since Croatia’s 1991 independence from Yugoslavia.

The HDZ won 61 seats in the 151-member assembly, and a centre-left coalition led by the Social Democratic Party (SPD) won 42. The nationalist, right-wing Homeland Movement party came third with 14 seats, making it a likely kingmaker.

‘Preparation for coup d’etat’

Al Jazeera’s Marina Barukcic, reporting from Zagreb, said President Milanovic’s next move was unclear after the court’s verdict.

“He believes that the Constitutional Court’s decision is a preparation for a coup d’etat led by Prime Minister Andrej Milanovic,” she said.

Barukcic said the president promised to bring back the will of the people to the state.

Plenkovic said on Thursday that it would be known “very soon” with whom the party would form a new parliamentary majority.

The SDP was also trying to cobble together a majority although its task appears more difficult.

Croatia has a parliamentary democracy in which the prime minister and his cabinet set all major policies. The president nominates the prime minister based on election results, may dissolve parliament and acts as the head of the armed forces with some say in foreign policy.

Final election results are not expected until next week because a rerun is needed in two polling stations after irregularities were recorded.

Check out our Latest News and Follow us at Facebook

Original Source

In India’s richest state, exam scams kill escape from farm crisis | Government News

Mumbai, India – Had it not been for his grandfather, Ganesh Kale might have been dead today.

In January this year, the 40-year-old woke at 6am in his remote village in India’s western state of Maharashtra and quietly walked to his 2-hectare (5-acre) farm – on which the millet crop was about to be harvested – to end his life.

Just as he was about to swallow a bottle of pesticide, his grandfather shouted at him, making Kale pause. The old man then rushed towards Kale and snatched the bottle from his hands.

“I had hit rock bottom,” he told Al Jazeera. “I couldn’t think of a reason to live.”

Kale comes from a part of India that is well familiar with suicide deaths. Maharashtra state has India’s largest economy by far. But that wealth does not reach Kale’s rural district of Beed in the western agrarian region of Marathwada, now famous for its farmer suicides. According to official estimates, the region recorded more than 26,000 farmer suicides between 2013 and 2022 – an average of seven a day.

The suicides in Marathwada have been triggered by falling crop prices, rising inflation and climate change, with the average farm household income being as low as 11,492 rupees a month ($138), according to government figures, forcing farmers to think of alternative income sources for survival.

But unlike thousands from Marathwada, the farm crisis was not the immediate trigger for Kale to try to take his life.

An exam scam was what drove him to that extreme step.

‘Scam their way to the top’

Amid the deepening agricultural crisis, tens of thousands of children of farmers have been taking online exams for various government jobs, seeking a better future than their parents. While the exams for the government’s top jobs – the so-called Class 1 and Class 2 positions – are conducted by a state body, the lower-grade tests for positions like clerks, village accountants and teachers are contracted out to private companies.

According to complaints filed with police, the lower-grade exams are plagued with rampant corruption and paper leaks, allowing those with influence or money to “buy” government jobs, cutting the chances of poorer aspirants and denying them a fair shot.

Kale is a victim of this. For the past 10 years, he has been trying to get out of farming and land a government job – without success.

“I come from a drought-prone region where we hardly break even as farmers,” he told Al Jazeera. “It is frustrating to see people scam their way to the top while I work hard and get nothing in return.”

In August and September last year, the Maharashtra government conducted the examinations with the help of a private software company to recruit village accountants across the state. More than a million people applied and just more than 850,000 took the test for a mere 4,600 vacancies.

“Such is the level of desperation,” local political activist Dhananjay Shinde told Al Jazeera. “The state charges a non-refundable 1,000 rupees [$12] from each applicant. That means they collected 1bn rupees [$12m] from people who primarily come from very poor families.”

In the past eight years, Kale filled out the forms for more than three dozen such exams, spending nearly 40,000 rupees ($490) in search of a government job. “Who will give me my money back?” he asked. “You are charging us an amount. The least you could do is ensure a fair examination.”

However, instances of paper leaks and fraud in the 2023 exams were reported from at least seven districts of Maharashtra – Nashik, Ahmednagar, Wardha, Amravati, Sangli, Latur and Aurangabad. Al Jazeera has copies of the First Information Reports (FIRs) filed by the police in each district. Registration of an FIR means the police have recognised that an offence has been committed.

On August 29 last year, two candidates in Latur passed the online exam for village accountants. According to the FIR filed by police last month, one of them confessed that he had paid 2.7 million rupees ($32,500) to a man to cheat in the exam.

Once he logged in on his computer to take the test, he found two cursors on his screen – one his own and the other of the man outside who had remote access to his desktop. The candidate had to simply select the answers the other cursor pointed at, helping him pass the test.

That same month, police in Nashik arrested an accused man and checked the electronic tablet he was carrying. It had 186 photographs of the question paper of the village accountant exam under way at the time. Police said he was supplying answers to some candidates sitting inside the examination centre via Bluetooth and spy cameras.

The man was also accused in identical FIRs filed by the Maharashtra police in 2021 and 2022 when he was charged with leaking the questions for the tests conducted to recruit people in the state’s police and housing departments. But he absconded at the time. Now, he is out on bail, according to Police Inspector Subhash Dhavale at the Mhasrul police station in the city of Nashik.

In February, another man was found in Amravati with a document containing the 100 questions to be asked for clerical posts in the state’s soil and water conservation department, according to the police FIR. Local media reports said three employees of the private firm contracted to conduct the examination were also arrested for being complicit in the paper leak.

On September 6 last year, police in Aurangabad said they noticed four men talking suspiciously outside an exam room. One of them was caught while the others ran away. The police checked the caught man’s mobile phone and found 34 questions being circulated via the Telegram app, according to the FIR.

“These are just instances where people have been caught,” said activist Shinde. “This is a proper racket to ensure people close to political leaders get in. The state here is complicit in keeping the deserving candidates sidelined. It has a terrible impact on their mental health.”

‘Needs a lot of heart to keep going’

Kale took the September test in Aurangabad, a city about 125km (78 miles) from his hometown, where he attended most of his exams.

Three months after wallowing in sadness over failing the September test, Kale decided to end his misery.

“My family and relatives kept asking me if I was ever going to get a job,” he told Al Jazeera. “It made me feel guilty and useless. I couldn’t go on with this depression. If my grandfather hadn’t stopped me, I wouldn’t be speaking to you.”

Others in Maharashtra were less fortunate.

In April 2022, a 20-year-old candidate from the Wardha district took his life. Media reports then claimed the reason behind his death was corruption in the government’s competitive exams, paper leaks and delays in announcing results.

“It needs a lot of heart to keep going,” Manisha Gosavi, 41, who has narrowly missed out on a government job for five years, told Al Jazeera.

Gosavi was born to small farmers in the Satara district, another farming region in western Maharashtra. She moved to Pune, 112km (70 miles) away, after her marriage.

“I concentrated on my family for the past 15-20 years,” she said. “I raised two kids who are now old enough to look after themselves. I now wanted to make a name for myself.”

When she was 36, Gosavi resumed her education and became a graduate. Since then, she has sat for government exams, which have been marred by frequent paper leaks.

“As a woman, I understand the importance of financial independence,” she said. “Currently, my husband is the only earning member. He works in a private lab. I want to contribute to the household and ease his burden.”

In 2018, dozens of candidates shortchanged over persistent corruption in the state exams came together and formed a group called the Spardha Pariksha Samanvay Samiti, or Competitive Examination Coordination Committee.

The group, along with Shinde, filed a public interest litigation (PIL) in the Bombay High Court last September, demanding the cancellation of the appointment of 4,600 village accountants after several instances of fraud were reported.

Their larger demand is the formation of a special investigation team to look into the extent of the fraud and not just arrest individuals but also act against officials in the state administration involved in the scam, as suspected by the victims and the activists.

The PIL also urges the Maharashtra government to conduct the examinations and not outsource them to private companies. The petitioners cite an increase in the instances of fraud since 2017, when a United States-based IT company and an Indian company were awarded contracts to conduct the tests.

Six months after it was filed, the PIL is yet to be heard by the high court.

‘Just auction the vacancies off’

Between 2017 and 2019, an unprecedented 25,000 vacancies were filled in Maharashtra for lower-grade jobs after 3.5 million aspirants sat the exams.

However, authorities in Ahmednagar, while shortlisting candidates for revenue officers’ positions, found that several applicants had managed to pass the test with the alleged help of dummy candidates. The district administration prepared a 12-page report and sent it to the government, which ordered an immediate audit of the tests by PricewaterhouseCoopers (PwC).

The PwC audit revealed a statewide, well-oiled scam in the exams conducted by Maharashtra’s Ministry of General Administration (GAD), which was handled by the then-Chief Minister Devendra Fadnavis, currently the state’s deputy chief minister and home minister.

In 2017, when Fadnavis was the chief minister, his government set up an entity called Maha-IT to facilitate the online exam. The PwC audit found that Maha-IT had not taken enough measures to ensure fair exams. It revealed irregularities in the appointments of invigilators, the spacing between candidates in exam halls and even the absence of security personnel in the venues, leading to cheating and paper leaks.

Al Jazeera sent a questionnaire to Fadnavis and his media adviser, Ketan Pathak, but has not received a response.

In November 2019, the Fadnavis-led Bharatiya Janata Party (BJP) government fell in Maharashtra and was replaced by a coalition of three parties – Shiv Sena, Congress and Nationalist Congress Party. Though the government of Uddhav Thackeray, the new chief minister, did not follow up on the PwC audit, it dissolved Maha-IT and scrapped the exam process implemented by the firm. Instead, the contract to conduct the exams was given to Tata Consultancy Services (TCS), a global IT corporation, and the Institute of Banking Personnel Selection, a recruitment agency under the federal Finance Ministry.

The paper leaks continued under their governance as well. Al Jazeera sent detailed questions on allegations of the scams to TCS but the firm has not responded.

In June 2022, 40 legislators from the Shiv Sena broke from their party, overthrowing the sitting government. Fadnavis was back in power as the deputy chief minister in a new coalition with the breakaway Shiv Sena lawmakers. The latest scams that Kale found himself trapped in last year occurred under the current government.

Two senior bureaucrats in the Maharashtra department that handles the state exams refused to comment, despite several phone calls. Rajesh Kumar, the chief secretary of the revenue department, did not respond to messages and phone calls. Sarita Narke, the state director of the revenue department, disconnected the phone call and told this reporter to send a message as to the purpose of the call. Upon sending the message, she did not respond.

However, in January this year, Fadnavis had told reporters the village accountant exams held in August and September 2023 were “conducted with transparency and if there is any proof of irregularities, the state will investigate it”.

“If the proof is accurate, the exams will be cancelled and the guilty will be punished,” he said, according to local media reports.

At about the same time, Maharashtra’s Revenue Minister Radhakrishna Vikhe Patil said those alleging financial irregularities in the exams would be charged, claiming that the tests held to recruit village accountants were fair.

However, Nilesh Gaikwad, one of the founders of the Competitive Examination Coordination Committee, questioned why thousands of people who got state jobs between 2017 and 2019 continue to be in service, despite the widespread allegations of fraud.

“Even after it has been proved that the vacancies were filled fraudulently, shouldn’t the exams be taken again?” the 33-year-old asked. “Shouldn’t the appointments be cancelled? Otherwise, stop this charade of conducting online examinations. Just auction the vacancies off.”

As irregularities continue, as observed in the recently concluded village accountant exams, the candidates wanting to lift their families out of poverty continue to suffer.

“Our situation is so bad that nobody wants to marry into a farm household. If the state had conducted the exams fairly, I would have had a job. If I had a job, I would have been married. I would have had a family,” Kale told Al Jazeera.

“When one family member has a job, it keeps the entire household afloat. It helps ensure two meals a day because farming no longer does that.”

If you or someone you know is at risk of suicide, these organisations may be able to help.

Check out our Latest News and Follow us at Facebook

Original Source

‘Fascism will not work in India’ says wife of arrested Modi critic | India Election 2024

NewsFeed

The wife of jailed Modi critic Arvind Kejriwal has condemned India’s ruling BJP for allegedly using law enforcement agencies to intimidate political opponents. The Delhi chief minister was arrested with a month to go before India’s election.

Check out our Latest News and Follow us at Facebook

Original Source

Exit mobile version