AFRICA DAY

Ministers of AU Member States and stakeholders hold panel discussion at COP19 

Warsaw, Poland 19 November 2013- “solutions to address African agriculture in the face of adverse impacts of climate change cannot be effective unless they are supported by appropriate means of implementation such as finance and technology transfer and development”, this was stressed by H.E Dr. Nkosazana Dlamini Zuma, Chairperson of the African Union Commission (AUC) during the Africa Day panel discussion at COP19 on 19 November 2013, in Warsaw, Poland.

In her statement, delivered by Commissioner Rhoda Peace Tumusiime of the AUC Department of Rural Economy and Agriculture, Dr. Dlamini Zuma said Africa considers that adequate finance and technology are essential for the development of the African Agricultural Agenda. “We continue to call for all polluters to commit to ambitious green house gas emission reductions which otherwise would continue to undermine our development trajectory”, the Chairperson said.

Under the theme Climate Change and Agriculture in Development and Ending Hunger in Africa, Ministers and participants exchanged views and shared experience on issues of agriculture in the global climate change negotiations, mainstreaming climate change adaptation into the African development agenda, innovative research and technologies for adaptation to climate change in African agriculture, and options for financing climate change adaptation in African agriculture.  

Dr. Dlamini Zuma highlighted that the celebration of the Africa Day at COP 19 is further unique because of the celebration of 50 years anniversary since the founding of the Organization of the African Unity (OAU), and 10 years since the birth of the African Union (AU) under the theme “Pan Africanism and the African Renaissance. She further noted that Pan Africanism represents the movement to unite Africa and the people of African Descent the world over, working together in solidarity, to fight against injustice including climate justice.

“The two dimensions of the theme are centrally connected to the ideas that Africa is speaking with a unified strong voice in the global climate change negotiations under the able leadership and guidance of a unified structure of the Committee of the African Heads of State and Government on Climate Change (CAHOSCC)and the African Ministerial Conference of Environment (AMCEN) serviced by the African Group of Negotiators on Climate Change (AGN)”, she said. (The full statement of the Chairperson is available onwww.au.int).

On the margin of the UNFCCC COP19, the Africa Day panel discussion was jointly organized by the African Union Commission (AUC), the United Nations Economic Commission for Africa (UNECA) and the Africa Development Bank (AfDB). The event brought together African Ministers, delegates, experts, civil society organizations, RECs representatives, development partners, and media representatives among others.

  H.E MUMTAZ KASSAM the Uganda deputy ambassador was around to pick her award fro Distinguished services to Diplomacy .To present the award is Christian Udechukwu, Managing Director, BusinessinAfrica.

PRESS RELEASE

DIPLOMAT’S PLIGHT ENDS IN VICTORY AFTER PROTRACTED LITIGATION

A domestic worker, Daphine Wokuri, a Ugandan national, of the Uganda High Commission who was assigned to the then Deputy High Commissioner Ambassador Dr Mumtaz Kassam in 2006, commenced proceedings in the Chancery Division of the High Court against her personally, for alleged unpaid wages for the past 13 years.

These proceedings were completely baseless and without foundation, not least of all because the domestic worker was employed by the Uganda High Commission.

Ambassador Mumtaz Kassam opposed the proceedings on the grounds that the Courts of England and Wales have no jurisdiction to hear the claim on the grounds of Diplomatic and State Immunity.

This did not deter the employee from challenging the application. To circumvent this, the employee alleged that she had a personal contract with Ambassador Mumtaz Kassam and that the contract with the Uganda High Commission was a forgery. This led to protracted satellite litigation between the parties culminating in the trial judge, Judge Peter Smith declaring at the outset that the claim was against the wrong party and in case the old 1998 Contract between the parties was still valid, the courts in England and Wales would not have jurisdiction. And in any event, any alternative claim that the employee sought to bring against the Uganda High Commission, would fail on the grounds of State Immunity.  Therefore, rather than proceed any further in the Trial, Daphine Wokuri was given the opportunity to withdraw her contradictory claim which she did unreservedly, apologising to Mumtaz Kassam and admitting and confirming that all her allegations against Mumtaz Kassam were unfounded.

The key factors concerned in this very complex case were:

1.      whether DAPHINE WOKURI was employed in a private capacity with Ambassador Kassam and therefore her work constituted a private transaction in which case Mumtaz Kassam could not rely upon diplomatic immunity; and/or

2.      whether Mumtaz Kassam was entitled to residual diplomatic immunity as  the duties of the domestic worker largely  amounted to official  work.

3.       Whether Ambassador Kassam was the correct defendant

      and

4.      DAPHINE WOKURI’s ability to pay the adverse costs of the litigation.

Since the proceedings commenced, two and a half years ago, it appears that the primary reason as to why the parties fell out, is that the employee’s concern was that her employment with the Uganda High Commission would terminate and she would have to return to Uganda. With this predicament facing her, she became difficult and cantankerous with Mumtaz Kassam and refused to continue her duties. During this period, she made various demands including that Mumtaz Kassam write a letter for her, addressed to the UKBA stating that she was continuously employed by Mumtaz Kassam in order to get indefinite leave.

Mumtaz Kassam could not write such as letter as she was now employed by the Uganda High Commission. This was the spark which gave this rise to the vicious proceedings which ensued for over 2 years!

Supported by four different limited liability law firms, all  claiming to act for DAPHINE WOKURI under a no win no fee basis (conditional fee Agreement), DAPHINE WOKURI proceeded to make wild and false allegations against Mumtaz Kassam in an attempt to circumvent the immunity provisions under the Diplomatic Immunity and Privileges Act 1964; the State Immunity Act and the Vienna Convention which offer diplomats protection from certain civil prosecutions.  One particular lawyer who claimed to have dropped out of the case due to a conflict of interest continued to attend court hearings and advising the barrister, who himself was also on a conditional fee arrangement, no win no fee basis.

Over the course of the 2 and half year period, there were 7 court appearances. At every turn, DAPHINE WOKURI and her lawyers moved the goal post to such an extent that the claim had no resemblance to the arguments which Daphine Wokuri and her lawyers put forward to the courts for determination. She claimed that she was employed by Mumtaz Kassam as her private domestic worker, and did not do assist with functions relating to the Uganda High Commission work. She also changed the year in which she claims to have commenced  employment with Mumtaz Kassam originally. She alleged that any contract she had with Uganda High Commission was a forgery, in spite of having received a generous gratuity payment and salary from the High Commission. She falsely claimed her monthly salary to the extent that if it were true, she would be earning far more than Mumtaz Kassam herself. She also stated that she was kept in captivity and was threatened with deportation. The truth was in fact the converse. She travelled to Uganda annually. She decided when she wanted to return to UK; she was free to come and go whenever she wanted or needed. She was treated in every sense of the word, like a family member.

In order to rebut DAPHINE WOKURI’s claims Mumtaz Kassam needed to establish that the 2006 contract with the Uganda High Commission was not a forgery, that DAPHINE WOKURI was not a private staff and that the majority of the work that she did for MUMTAZ KASSAM was associated with MUMTAZ KASSAM’s diplomatic functions. MUMTAZ KASSAM had 7 credible witnesses averring that not only was DAPHINE WOKURI employed by the Uganda High Commission but that she was fully aware of this and she undertook official tasks for it on a regular basis throughout her 5 years of continuous employment with it.

 

Another important aspect of this case was its timing. The proceedings were commenced weeks after Ambassador Dr Kassam was transferred to the Uganda Embassy in Rome. Thus a further issue arose as to whether MUMTAZ KASSAM was entitled to residual diplomatic immunity under Article 39(2) of Schedule 1 of the Diplomatic Privileges Act 1964.

MUMTAZ KASSAM could not take steps in the proceedings to bring the action to an end sooner as to do so would render her without diplomatic immunity protection as she would have been deemed to have submitted to UK jurisdiction.

Judge Paul Smith of the Chancery Division, during the course of the last hearing, on 13 November 2013, indicated that if the 1998 employment contract (entered in Uganda between the parties) was valid then the UK courts would not have any jurisdiction as the contract was made in Uganda between 2 Ugandan nationals both of whose domicile was also Uganda. In any case, any claim now would be time barred under the Limitation Act 1964. As regards the 2006 contract which Daphine Wokuri signed with the Uganda High Commission, Judge Paul Smith indicated that there was overwhelming evidence that it was not a forgery and that her claim against Mumtaz Kassam was misplaced.

The Judge concluded uncategorically that DAPHINE WOKURI’s claim as pleaded was not going to succeed. DAPHINE WOKURI was then advised about the futility of her claim and she withdrew her claim on the following basis:

“The claimant unreservedly apologises and withdraws all allegations made against the Defendant which she conceded were unfounded”

After the hearing, Mumtaz Kassam commented, “I am so relieved that the ordeal is over for me. For two and a half years I had to endure malicious allegations and constant court appearances which were designed to increase the costs. Such lawyers (the ones acting for Daphine Wokori) should be prohibited from acting on a no win-no fee basis in such cases involving diplomats.”

Mumtaz Kassam was represented by Mr. Atul Amin and Mrs. Salma Amin of Hugh Cartwright and Amin Solicitors, who were supported by two leading Counsels, Prof Dan Sarooshi and Mr. Phillip Aliker.

AMBASSADOR DR. MUMTAZ KASSAM

Na Swahili TV

Kwa niaba ya Familia, Kamati ya Mazishi Marekani na Tanzania na ndugu na jamaa wote kwa ujumla tumeona ni vyema nanyi mkaona matukio yote kwani mlishiriki katika msiba huu. Kwa mara nyingine tena tunatoa shukrani zetu za dhati kwa wote mliofanikisha Shughuli zote Usafiri, Maandalizi mbalimnbali na hatimaye kuuhifadhi mwili wa mpendwa wetu, dada yetu, rafiki na kipenzi chetu Bi. Martha Shani.Mazishi yalifanyika Puma Sindiga siku ya Alhamisi ya Octoba 31, 2013. Video ya matukio yote tutaiweka soon hapa hapa Swahili TV Blog.

PICHA ZA MATUKIO YOTE

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Alex akipewa pole na Shangazi wa Martha

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Kushoto; Vincent Mughwai, Joseph, Alex akimshikia mtoto Chris beleshi akiweka udongo katika kaburi la Mama yake, huku Mchungaji Peter Ihema wa Kanisa la Pentekoste Puma akitazama . Mazishi yalifanyika Alhamis Oktoba 31, 2013 Puma-Singida.

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Alex, Joseph, DMK, Muddy wakiwafuatilia shughuli za Mazishi Alhamis Oktoba 31, 2013 Puma-Singida.

http://www.swahilitv.blogspot.com/2013/11/picha-za-mazishi-ya-bi-martha-shani.html">KWA PICHA ZAIDI BOFYA HAPA

AU INGIA

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Commonwealth Expert Team issues Final Report on 2013 Legislative and Municipal Elections in Cameroon

12 November 2013

Commendable effort made to meet benchmarks for democratic elections

Commonwealth Secretary-General Kamalesh Sharma today released the Final Report of the Commonwealth Expert Team that observed the 30 September 2013 Legislative and Municipal Elections in Cameroon.
In issuing the report, Mr Sharma said: “The Commonwealth Expert Team found that the election campaign and polling day were largely peaceful, with commendable effort made to meet benchmarks for democratic elections. I welcome the Team’s report, and am pleased that consistent Commonwealth engagement with ELECAM has had a positive impact on its ability to manage the election process.
The Secretary-General added: “I am pleased the new biometric registration marked a substantial improvement in the transparency and credibility of the electoral process. However I note that there remain shortcomings in relation to the distribution and collection of biometric voters’ cards which need to be addressed for future elections.
“The Commonwealth stands ready to assist Cameroon to address such problems and in further strengthening its democratic process,” Mr Sharma concluded.

Commonwealth issues final report on Sri Lanka’s Northern Provincial elections

29 October 2013

Commonwealth Secretary-General Kamalesh Sharma has issued the report of the Commonwealth Observer Mission to Sri Lanka’s Northern Provincial Council Election, held on 21 September 2013.

The Secretary-General described the election as an historic election for Sri Lanka, and one which he said the Commonwealth was pleased to have been invited to observe.
Mr Sharma said Commonwealth observers had found the conduct of election day itself to be impressive.
“Voters turned out in large numbers to exercise their franchise, and electoral officials conducted polling with dedication and diligence,” he said. “The post-results environment was also peaceful and for this, we commend the leadership of participating political parties.”
The Secretary-General, however, drew attention to the Commonwealth Observer Mission’s concerns about the pre-electoral environment. He said: “I support the Observer Mission’s view that an election is a process and not an event. The pre-electoral environment is vital to its integrity and credibility.”
Mr Sharma also noted the Observer Mission’s call for the establishment of an independent electoral commission, which is a widely valued Commonwealth good practice. The Secretary-General said: “We have an ongoing programme of work with Sri Lanka. We stand ready to assist Sri Lanka in strengthening its electoral framework as well.
“I echo the sentiments of the Commonwealth Observer Mission in hoping that this historic election marks a step forward in the harmonious development of the Northern Province and of Sri Lanka as a whole.”
The Commonwealth Observation Mission was in Sri Lanka from 14 – 28 September. Its mandate required its members to observe and consider all aspects of the electoral process and to assess compliance with the standards for democratic elections reflected in national election-related legislation and relevant regional, Commonwealth as well as other international commitments. The Observer Mission met with a range of stakeholders and on election day its members were present in the five districts of the Northern Province.

CHOGM 2013 Opening Ceremony: Commonwealth Secretary-General's speech

15 November 2013

Speaker: Commonwealth Secretary-General Kamalesh Sharma / Location: Colombo, Sri Lanka

 

 

Theme: ‘Growth with Equity; Inclusive Development’

Your Royal Highness, President Rajapaksa, Prime Minister Abbot, distinguished Heads of Government, representatives from the Commonwealth family, and guests: a warm welcome and greetings!
It is very good to see CHOGM back in Asia, home to three-quarters of the people of the Commonwealth. The first-ever CHOGM took place in Singapore in 1971, but it is almost a quarter of a century since a CHOGM was last held in the Asia region: that was in Kuala Lumpur in 1989.
We thank the government and people of Sri Lanka for the generosity, enthusiasm and warmth of their welcome. As one of the eight original members of the modern Commonwealth, Sri Lanka has shown enduring energy and commitment as a member of our global Commonwealth family.
That involvement now intensifies as the Commonwealth entrusts to Sri Lanka the leadership role and responsibility of serving as Chair-in-Office.
The goodwill and commitment of all our member states to seeking and finding common ground has long been our Commonwealth strength, and remains our springboard for the future. Painstaking at times, its rewards are immeasurable.
Wisdom, and discovering where we can add to the global good, is our continuing Commonwealth gift to the world. Ideas and action flowing from meetings of Commonwealth leaders are remarkable in particular for the distinctive way in which they are right for the moment; and they change the moment.
We recall the visionary yet applied understanding of the Commonwealth Commission on Respect and Understanding, and its essential message to undo what divides us and to do what unites, to see each other not through a reductionist lens, but through a prism in which our unique individual identities with their full richness and complexity can be valued and respected and celebrated. It remains a Commonwealth message and balm for all our societies, in their diversity, and to the world.
Our Commonwealth approach is to see democracy, development, and respect for diversity, as mutually supportive and melding to form the bedrock of national harmony, and progress for all our people. For us, it is not a matter of our political values at one end of a spectrum and our development values at the other. All are found indivisibly in our Commonwealth Charter.
It is in embracing this spirit of inclusiveness that our hosts and leaders have settled on a theme for this Meeting, which connects growth with equity. All in our societies should be better able to share the fruits of prosperity. None should be left behind. This has ever been our Commonwealth conviction.
In this CHOGM, it is also a very rich agenda that will be addressed:

• Debt management, solvency and resilience in our small member states;
• Climate finance for small and vulnerable states;
• Practical trade measures to help increase exports, including finance and advocacy that can help shape the global trade agenda;
• Unlocking the potential for member governments to assist each other directly, giving fuller meaning to the notion of our common wealth;
• The discourse on the global development agenda at the end of the term of the Millennium Development Goals, focussing on the added practical value we can bring together into the post-2015 world;
• A proposed Commonwealth Plan for Broadband Inclusion, to open new vistas for being connected and networked to advance our economic and social goals; and,
• In a Commonwealth of the people, a fresh examination of how Commonwealth borders can be opened to promote exchanges between our citizens.

Your Royal Highness, your longstanding commitment to a sustainable environment, as well as innovative approaches to training for employment and mentoring for business enterprise, are well known in the Commonwealth. Winning the gigantic challenge of youth employment is vital to the wellbeing of our societies.
We are delighted to welcome you here to represent the Head of the Commonwealth, Her Majesty The Queen.
Distinguished guests, deep awareness that our destinies are joined drives us forward in seeking together for practical solutions to the many great tasks before the Commonwealth, and the world at large. In these times of flux and rapid alteration, a shared vision of our collective striving and resolve are needed more than ever.
That is the role of all CHOGMs – to bring us closer as a family and to move us forward together. We turn to our heads gathered here to lead us forward in that spirit and purpose. We are the world’s North, South, East and West. And we illustrate to the wider world that the Commonwealth closes the distance between them.
Bohoma isthuthi; romba nanri; thank you very much.

Commonwealth Heads of Government Meeting opens

The 22nd Commonwealth Heads of Government Meeting (CHOGM) opened today in Sri Lanka’s capital city Colombo with a theatrical welcome to leaders and representatives from the Commonwealth’s 53 member countries.
Young people lined the streets of Colombo to greet guests as they made their way to the opening ceremony at the Nelum Pokuna Mahinda Rajapaksa Theatre for the ceremony. Performances included  a traditional Sri Lankan welcoming dance and song, and a dance representing the culture, environment and religions of Sri Lanka using folk songs and ‘barata’ and Kandyan dancing.
HRH The Prince of Wales is representing HM Queen Elizabeth II as Head of the Commonwealth.
In his address The Prince spoke about the Charter of the Commonwealth, which  reaffirms the core values and principles of the Commonwealth. The Charter was signed by The Queen on Commonwealth Day in March this year.
The Prince said: “At this CHOGM, and guided by that spirit, the Commonwealth is being charged to confront the many issues affecting the security and well-being of its nations and peoples.
“The Queen wishes you well in these vitally important deliberations.”
This year’s CHOGM theme is ‘Growth with Equity: Inclusive Development’.
Sri Lanka President Mahinda Rajapaksa said: “We believe that this theme has broad relevance to the larger Commonwealth, and highlights the importance of equity in economic development, particularly in view of the existing disparities in the distribution of wealth, and economic benefits. Inclusive development promotes progress and contributes towards achieving Millennium Development Goals.”
Over the next three days Heads of Government will discuss: debt management, solvency and resilience in small member states; climate finance; the global trade agenda; unlocking the potential for member governments to assist each other directly; the global development agenda particularly the post-2015 development goals; expanding access to broadband; and examination of how Commonwealth borders can be opened to promote exchanges between citizens.
In his opening ceremony address Commonwealth Secretary-General Kamalesh Sharma said: “Deep awareness that our destinies are joined drives us forward in seeking together for practical solutions to the many great tasks before the Commonwealth, and the world at large. In these times of flux and rapid alteration, a shared vision of our collective striving and resolve are needed more than ever.
“That is the role of all CHOGMs - to bring us closer as a family and to move us forward together. We turn to our heads gathered here to lead us forward in that spirit and purpose. We are the world’s North, South, East and West. And we illustrate to the wider world that the Commonwealth closes the distance between them.”

Statement on Maldives by the Commonwealth Ministerial Action Group

Statement on Maldives by the Commonwealth Ministerial Action Group

13 November 2013

Meeting in Colombo today, the Commonwealth Ministerial Action Group (CMAG) considered the situation in Maldives.
Ministers expressed their deep disappointment that the Maldives presidential election process had not concluded prior to the expiration of the President’s term in office on 11 November 2013.
The Group noted that the breach of the 11 November constitutional deadline to inaugurate a new president followed repeated delays to the electoral process, as a result of annulment by the Supreme Court of the first-round election on 7 September and the failure to proceed with three further elections on 28 September, 19 October and 10 November.
Despite this serious setback to the democratic process, CMAG was pleased to note that domestic and international observers, including the Commonwealth Observer Group, had found the first-round presidential election held on 9 November to be credible. The Group acknowledged positively the continuing efforts of Commonwealth Observers in Maldives, led by Dr Lawrence Gonzi, and commended the voters of Maldives for the resilience and peacefulness that they have demonstrated over the past weeks.
Ministers also expressed warm appreciation for the dedicated engagement of the Secretary-General’s Special Envoy, Sir Donald McKinnon.
Ministers emphasised the urgency of ensuring a swift conclusion to the electoral process. In this regard, CMAG stressed the importance of the second-round election taking place as scheduled on 16 November, in a credible and peaceful manner, and of the newly elected president being inaugurated promptly thereafter.
CMAG urged presidential candidates, the security services and other state institutions to give their full co-operation to the Elections Commission so that it is free to carry out its constitutionally-mandated role and the people of Maldives are able to exercise their fundamental right to elect their president.
In view of these recent developments, CMAG decided to place Maldives once again on its formal agenda, pending the holding of a credible election on 16 November and the inauguration of a new president. Ministers will continue to monitor the situation in Maldives closely over the coming days.  The Chair of CMAG will brief Commonwealth Heads of Government on 15 November 2013, when they meet in Colombo.

            MEDIA RELEASE

African Health and Finance Ministers pledge to increase domestic spending on health

Addis Ababa, 12 November, 2013- Ahead of the Global Fund replenishment meeting in December this year, African health ministers, civil society organisations and development partners met to find a pathway for accelerating domestic funding for AIDS, tuberculosis and malaria. The Global Fund estimates that US$ 87 billion will be required from 2014 to 2016 to reach all vulnerable populations in low and middle-income countries with essential services to bring AIDS, tuberculosis and malaria under control. Of the amount, the Global Fund estimates that US$ 37 billion can come from domestic financing.

“Financial resources are a crucial input for provision of adequate and quality health services,” said Dr. Kesetebirhan Admasu, the Minister of Health for the Federal Democratic Republic of Ethiopia”. “However, the ever increasing cost of health care and multiple competing priorities in resource poor countries makes financial resources insufficient to make substantial improvements in access and quality of health care”, he added.

Over the last decade, tremendous progress has been made against AIDS, TB and malaria, achieving an impact that was unthinkable at the turn of the millennium. This achievement has been the result of the hard work of governments, health care providers, and communities including persons affected by the diseases, faith-based organisations and the private sector all over the world. The resources committed by domestic and external sources have been fundamental to the progress achieved so far.

“Increased domestic spending on health will be pivotal in helping us defeat HIV, TB and malaria”, said Dr. Mark Dybul, Executive Director of the Global Fund to Fight AIDS, Tuberculosis and Malaria. “We are tremendously encouraged by the efforts African countries are making in this regard and will support them strongly”.

With sufficient funding an unprecedented opportunity exists to turn the tide against these three deadly epidemics. Defeating the diseases would be transformative for Africa and the world. It is a fact that many African countries recognise and want to be part of.

Since its establishment in 2002 the Global Fund has provided a coordinated international response to three devastating epidemics to empower countries with the knowledge, tools and resources needed to turn the tide. It has made significant impact, saving more than 9 million lives. With advances in science, better implementation and increased investments, the Global Fund has identified an historic opportunity to completely control the three diseases, removing them as threats to public health.