Daily Nation , Kenya
March 17 2006

Mercenary claim is a wild-goose chase

Story by PETER MWAURA /FAIR PLAY
Publication Date: 03/18/2006

Being a mercenary is not a crime disclosed in any domestic Kenyan
law. Therefore, it is not clear how the police can legally investigate,
leave alone arrest, a person simply because he has been called a
“mercenary”.

But I suppose the police can always find something in the Penal Code
to nail a potential mercenary, such as section 44, which prohibits
any warlike undertaking.

Kenya has also signed or ratified two of the three international
legal instruments that define who a mercenary is. However, none of
these instruments would come in handy for the police in the current
controversy over the two Armenians whom former Cabinet minister Raila
Odinga has claimed are mercenaries.

Essentially, the police have been set up to investigate what does no
exist in our law and is very difficult to prove in international law.

“Look me in the face,” one of the Armenian brothers is reported to
have told a press conference on Monday this wee. “Do I look like a
mercenary?” A rhetorical question, perhaps, but one that underlines
that the police are on a possible wild-goose chase.

Foreign soldiers of fortune

In fact, the claim about two weeks ago that there were Russian or
Armenian mercenaries in the country was as diversionary as it was
spooky.

Historically, mercenaries have been foreign soldiers of fortune,
and they continue to exist only in war situations.

If any foreigner was involved in the police raid on Standard and
KTN offices, they could not possibly be described as “mercenaries”
unless one was using the term as a figure of speech. By their very
definition, mercenaries operate only in war situations.

If, as he has claimed, the foreigners’ second assignment was to
eliminate Mr Odinga and his opposition colleagues, the Russians or
Armenians would still not legally qualify as mercenaries. One would,
perhaps, call them criminals or hit men, but no more.

The Protocol Additional to the Geneva Conventions, relating to the
Protection of Victims of International Armed Conflicts, defines a
mercenary as any person who “is specially recruited locally or abroad
… to fight in an armed conflict.” A mercenary “does, in fact,
take a direct part in the hostilities.”

Kenya ratified this convention on 23 February 1999. The Convention for
the Elimination of Mercenarism in Africa, adopted by the Organisation
of African Unity (now African Union), defines a mercenary as a person
who engages in acts aimed at “opposing by armed violence a process
of self-determination or the territorial integrity of another State.”

It is a crime “against peace and security in Africa and shall be
punished as such.” Kenya signed this convention on 17 December 2003
but forgot to ratify it.

The UN International Convention against the Recruitment, Use,
Financing and Training of Mercenaries defines a mercenary as any person
who is “specially recruited locally or abroad to fight in an armed
conflict”, or to participate in “a concerted act of violence” aimed at
“overthrowing a Government or otherwise undermining the constitutional
order of a State”, or “undermining the territorial integrity of a
State”. Kenya has not signed or ratified this convention.

The three instruments constitute the international law on who is
a mercenary. All the three make it clear that a person can only be
accused of being a mercenary if he participates in an armed conflict.

Mercenaries do not exist in any other context. And, I suggest, if you
really want to see a mercenary do not visit the house on Glory Road
in up market Runda, Nairobi. Go and see the movie “Dogs of War”, or
“The Wild Geese”. Or read the book with the same title by Frederick
Forsyth, or by Daniel Carney.

Alternatively, follow the adventures of the likes of Mike Hoare who
was hired by the Belgians during the Congo crisis in the 1960s; or
Bob Denard, the French man who participated in numerous conflicts in
Africa including four coups in the Comoros and the 1978 failed coup
in the Seychelles.

Overthrow the government

Or Simon Mann, the co-founder of Executive Outcomes, the mercenary
outfit involved in conflicts in Angola and Sierra Leone and in the
2004 attempt to overthrow the government of oil-rich Equatorial Guinea,
and is serving a seven-year term at Chikurubi maximum security prison
in Harare, Zimbabwe.

Mercenaries are fighters, not newspaper burners; they are hardened
soldiers and are usually very well trained, with superior skills.

They sell their services to the highest bidder and have no time for
trading political accusations. They take no prisoners.

ARMENIAN YOUTH OF MOSCOW MEETS WITH RA NA VICE-SPEAKER

MOSCOW, MARCH 17, NOYAN TAPAN – ARMENIANS TODAY. A meeting of
representatives of Armenian youth organizations of Moscow with Vahan
Hovhannisian, RA National Assembly Vice-Speaker, a member of ARF
Dashnaktsutiun Bureau, was held on March 15 at the conference hall of
Russian Public-Political Center on the initiative of the “Mitk” Union
of Armenian Youth. According to the “Yerkramas” (Territory) newspaper
of Armenians of Russia, issues regarding the development of Armenia,
Russian-Armenian cooperation, geopolitical situation in the region,
process of Nagorno Karabakh conflict settlement, relations between
Armenia and the Diaspora were discussed at the meeting.

The “Mitk” Union of Armenian Youth is a youth project of the
“Russian-Armenian Commonwealth” NGO. Within the framework of the
sittings of the Friends Club of “Mitk”, meetings with Russian and
Armenian political and public figures are held.

FIFTY HOUSE MEMBERS CALL ON FOREIGN AID APPROPRIATORS TO MAINTAIN
MILITARY AID PARITY TO ARMENIA AND AZERBAIJAN

WASHINGTON, MARCH 17, NOYAN TAPAN – ARMENIANS TODAY. Congressmen
Frank Pallone (D-NJ) and George Radanovich (R-CA) were joined by
forty-eight of their House colleagues in urging the leadership of
the House Foreign Operations Subcommittee to support pro-Armenian
provisions in the fiscal year 2007 foreign aid bill, reported the
Armenian National Committee of America (ANCA).

Members of Congress cosigned on March 16 a letter, addressed to the
panel’s Chairman Jim Kolbe (R-AZ) and Ranking Member Nita Lowey
(D-NY), which would strengthen the hand of pro-Armenian members
of the Subcommittee, most notably Armenian Caucus Co-Chairman Joe
Knollenberg, Steve Rothman (D-NJ), Mark Kirk (R-IL), and John Sweeney
(R-NY). Rep. Sweeney, who joined the panel last year, is one of only
two Members of Congress of Armenian heritage.

The letter notes that members of Congress are “deeply troubled”
that the Administration’s request for military aid for Azerbaijan
is considerably higher then the request for Armenia. By signing the
letter, legislators will add their voice to the effort to ensure that
the agreement struck in 2001 between the White House and Congress to
keep aid levels to these two countries equal is fully respected. In
addition, the letter calls for a hard earmark of at least million
for Armenia, a one-year million allocation for Nagorno Karabagh,
and the preservation of Section 907 of the Freedom Support Act.

Members of Congress joining Representatives Pallone and Radanovich
in cosigning the letter included: Reps. Tom Allen (D-ME), Robert
Andrews (D-NJ), Xavier Becerra (D-CA), Howard Berman (D-CA), Michael
Bilirakis (R-FL), Eric Cantor (R-VA), Lois Capps (D-CA), Dennis Cardoza
(D-CA), John Conyers (D-MI), Jim Costa (D-CA), Joseph Crowley (D-NY),
William Delahunt (D-MA), David Dreier (R- CA), Chaka Fattah (D-PA),
Mike Ferguson (R-NJ), Barney Frank (D- MA), Scott Garrett (R-NJ), Rush
Holt (D-NJ), Michael Honda (D-CA), Dale Kildee (D-MI), James Langevin
(D-RI), Sander Levin (D-MI), Frank LoBiondo (R-NJ), Stephen Lynch
(D-MA), Carolyn Maloney (D- NY), Edward Markey (D-MA), Doris Matsui
(D-CA), Thaddeus McCotter (R-MI), James McGovern (D-MA), John McHugh
(R-NY), Michael McNulty (D-NY), Martin Meehan (D-MA), Grace Napolitano
(D-CA), Donald Payne (D-NJ), Collin Peterson (D-MN), Bobby Rush (D-IL),
H. James Saxton (R-NJ), Adam Schiff (D-CA), Joe Schwarz (R-MI),
Christopher Shays (R-CT), Brad Sherman (D-CA), Rob Simmons (R-CT),
Mark Souder (R- IN), Edolphus Towns (D-NY), Diane Watson (D-CA),
Henry Waxman (D- CA), Anthony Weiner (D-NY), and Lynn Woolsey (D-CA).

Representatives Knollenberg, Pallone, and Rothman also submitted
individual letters citing their foreign aid priorities for Armenia
and Nagorno Karabagh, among other countries.

The House Foreign Operations panel is set to review the FY2007 foreign
aid bill, which will then be considered by the full Appropriations
Committee and then the full U.S. House of Representatives. The Senate
will finalize its own version, which will be reconciled with the
House bill by a conference committee.

TURKEY HAS LESS THAN TWO YEARS LEFT TO MEET EU’s POLITICAL ACCESSION
CRITERIA

BRUSSELS, MARCH 17, NOYAN TAPAN – ARMENIANS TODAY. Noting the slowing
pace of reform in Turkey, the European Parliament has called upon the
Turkish government to take immediate steps to ends its discriminatory
and repressive policies, the European Armenian Federation for Justice
and Democracy reported.

In its recently adopted resolution on the “Commission’s 2005
Enlargement Strategy Report,” the Parliament also called on the
European Commission to define the geographical boundaries of the
European Union.

In the section of the report dedicated to Turkey, the European
Parliament states that the priorities outlined in the Accession
Partnership […] have to be accomplished in the first phase of the
negotiations” and “notes with satisfaction that the Commission now
supports this view as well by stating that those criteria have to
be fulfilled within one or two years.”

Based on these considerations, the Parliament therefore called upon
Turkey “to present as soon as possible a plan, including a timetable
and specific measures, to meet these deadlines,” and urged the
Commission and the Council “to make the progress of the negotiations
conditional on the timely accomplishment of those priorities.”

This demand comes in reaction to the slowing down of Turkey’s reforms,
which were noted in the resolution. The Parliament also formally
asked Turkey “to remove all existing legislative and practical
obstacles to full enjoyment of fundamental rights and freedoms by all
Turkish citizens, notably freedom of expression, religious freedom,
cultural rights, rights of minorities.” The Resolution also urged
the Commission “to conduct a rigorous and thorough scrutiny of
developments on the ground.”

The adopted text – for the first time in European Union history – also
recalled that “the capacity for absorption of the Union […] remains
one of the conditions for the accession of new countries” and
stressed that “defining the nature of the European Union, including
its geographical borders, is fundamental to understanding the concept
of absorption capacity.”

Thus, the Parliament requested that that Commission ” submit a report
by 31st December 2006 setting out the principles which underpin this
concept” and invites it “to factor this element into the overall
negotiation timetable.”

“We welcome the adoption of this resolution as a true expression
of the growing will of the European Parliament to be involved in
the Union’s decision-making processes. This measure – like the many
previously adopted resolutions on this matter – urges the European
Commission and Council to not be satisfied with pledges and prolonged
delays, but rather to demand genuine reforms in Turkey,” said Hilda
Tchoboian, Chairperson of the European Armenian Federation.

“We are working with European democratic movements in order to
require that Turkey meet its criteria within the next two years –
including its full recognition of the Armenian Genocide and the
abandonment of its aggressive policies toward Armenia.”

VARTAN OSKANIAN: IT IS BETTER THAT AZERBAIJAN TRIES TO REACH ARMENIA’S
LEVELS IN OTHER FIELDS, THAN TAKE PRIDE IN BEING AHEAD WITH ITS
MILITARY CAPACITY

YEREVAN, MARCH 17, NOYAN TAPAN – ARMENIANS TODAY. “After Rambouillet
and the backtracking that we sensed there, the challenge is to preserve
the positive achievements and build on those. The co-chairs will meet
soon and then it will be clearer what might happen next,” RA Foreign
Minister Vartan Oskanian stated in the March 16 interveiw to the
Armenian 2nd TV. He mentioned that in the discussions with Daniel
Fired, the U.S. Asssistant Secreatry of State for the European and
Eurasian Affairs, and OSCE Minsk Group American Co-Chairman Steven
Mann, revolved around how one might do that in a way that tries to find
solutions for the deadlocked situation.”
As for the continuing warlike statments of Azerbaijani President Ilham
Aliev, the Minister mentioned: “It isn’t the first time that we hear
about the increase in the military budget of Azerbaijan, It seems
that this budget is increasing day by day, and that’s the reason that
Azernaijani soldiers violate the ceasefire continuously. They must
have extra bullets to spare.”

According to Vartan Oskanian, today, in the civilized world,
peoples and states don’t compete over the size of their military
budget. “That’s not what they take pride in when they compare
themselves with their neighbors. Today, the spheres of competition
are elsewhere. And in all those spheres, Armenia is ahead of
Azerbaijan. So far ahead that there is really no room to compare,”
the Foreign Minister stated.

According to him, beginning with the UN’s human development
index, Armenia is ahead of Azerbaijan. The international index
that gauges Armenia’s investment climate puts Armenia way ahead
of Azerbaijan. They’re not even a member of the WTO. There is
no comparison in level of democratic development, human rights
protections or press freedoms. In indexes that measure economic
freedoms and development, and transparency and gains in the battle
against corruption, Armenia is disproportionately better than
Azerbaijan. Despite the fact that it’s how many years now that
Azerbaijan produces 400,000 barrels of oil, the per capita income in
Azerbaijan still hasn’t reached Armenia’s.

“It is better that Azerbaijan tries to reach Armenia’s levels in other
fields, than tries to compete and take pride in being ahead with its
military capacity.” Vartan Oskanian summed up.

From: Emil Lazarian | Ararat NewsPress

RA FOREIGN MINISTRY GREETS EU AND CE FOR HARMONIZATION OF EFFORTS
FOR PURPOSE OF STRENGTHENING OF DEMOCRATIC STABILITY

YEREVAN, MARCH 17, NOYAN TAPAN. After the March 15 4-sided meeting
within the framework of European Union-Council of Europe dedicated
to the memorandum on mutual understanding between the Council
and Europe and European Union, which is still being worked out,
the executives of these two organizations made conclusions. The
conclusions, in particular, emphasize the necessity of deepening
cooperation with Council of Europe member-states taking part in the
European Neighborhood policy, as well as the importance of regular
consultations between representatives of interested states and CE
and EU.

According to the report provided to Noyan Tapan by RA Foreign
Ministry Press and Information Department, Armenia came up with such
an initiative some months ago considering that it’ll be necessary
to closely coordinate works between CE and EU in the sphere of
realization of common priority goals and joint programs.

Realizing that the obligations assumed by these countries at the
moment of joining the Council of Europe correspond to the priorities
on democracy, legal state and human rights included in EU Neighborhood
policy national actions plans, RA Foreign Ministry is convinced that
these countries deal with common problems, which makes joint activity,
experience and information exchange necessary and useful.

RA Foreign Ministry greets both of the organizations for harmonization
of their efforts for the purpose of strengthening democratic
stability in the interested states and for will manifested in
the issue of stimulation of regional cooperation in the spirit of
European building.

THIS YEAR ARMENIAN THEATER FIGURES TO MARK INTERNATIONAL THEATER DAY IN KAPAN

KAPAN, MARCH 17, NOYAN TAPAN – ARMENIANS TODAY. For the first time,
the Union of Armenian Theater Figures will mark March 27, International
Theater Day, not in Yerevan but in the regional center of Syunik. The
reason is the 70th anniversary of Kapan Alexander Shirvanzade State
Dramatic Theater and the Union of Theater Figures has decided to
mark the jubilee in this way, as well as to call the attention of
the authorities to Kapan theater’s problems, in particular, to its
building conditions.

On these days, besides the Armenian theaters, Syunik will also receive
the Armenian theaters of Artsakh and Georgia.

On March 26, the guests will first visit the “Zhayrapos” Goris theater,
will meet with Goris population and in the evening Yerevan Theater
of Young Spectator will present the performance “My Wife’s Name
is Morris”.

Already on March 27 various events are envisaged in Kapan and in the
evening they will be concluded by the solemn ceremony of awarding
“Artavazd” annual theater prizes.

Such famous actors as Varduhi Varderesian, Sos Sargsian, Vladimir
Abajian, Armen Santrosian and others will be among the guests.

ALL CONTEST JUDGES OF EURIMAGES EXCEPT TURKEY IN FAVOR OF ALLOCATING
600 THOUSAND EUROS TO FILM “THE LARK FARM”

STRASBOURG, MARCH 17, NOYAN TAPAN – ARMENIANS TODAY. At the March 9
sitting of the Eurimages Fund of the Council of Europe, a decision
was made to allocate 600 thousand euros to the film “The Lark Farm”
of the famous Italian film directors – brothers Paolo and Vittorio
Taviani. The film is dedicated to the events of the Armenian
Genocide. All contest judges of the Fund, except Turkey, were in
favor of this financial allocation.

According to the RA MFA Press and Information Department, in his
speech about “The Lark Farm”, Eurimages’ French Chairman Jacques Toubon
endorsed the decision and accused Turkey of committing the genocide,
calling it a historical reality. Despite the position of denial of
Eurimages’ Turkish representatives and the efforts of the official
Ankara, the decision of the contest judges has remained unchanged.

The Eurimages Fund was established in 1988, its current membership
numbers 32 states. The fund’s purpose is to develop the European
film industry by making new films and promoting cooperation of
cinematographers.

Dialogue timide entre les intellectuels turcs et etrangers sur le genocide armenien

La Croix , France
17 mars 2006

Un premier pas timide vers le dialogue a ete franchi par les
milieux academiques turcs les plus hostiles a la definition des
massacres d’Armeniens de 1915-1916 comme etant un genocide, avec
la tenue, jusqu’a demain, d’une conference laissant une place aux
vues de chercheurs etrangers. Organisee par l’universite publique
d’Istamboul, la rencontre est numeriquement dominee par les tenants
de la position officielle de l’Etat turc, admettant l’existence de
massacres d’Armeniens sous l’empire ottoman mais recusant le terme de
genocide. On y a aussi conteste le bilan des victimes – 1,5 million
– avance par les historiens armeniens. Des opinions discordantes,
emises par certains chercheurs etrangers, se sont neanmoins fait
entendre. Detaillant les references aux massacres d’Armeniens puisees
dans les archives de la communaute juive de Palestine au temps de
la domination ottomane, le chercheur israelien Yaïr Auron a ainsi
evoque sans ambages un “genocide” et appele les Turcs a s’interroger
sur leur histoire.

–Boundary_(ID_EmYwTIEi635sFUQ3T3JnSg)- –

Jack Lang appelle Sarkozy a “liberer deux enfants” en centre de retention

Agence France Presse
16 mars 2006 jeudi 5:41 PM GMT

COQUELLES (Pas-de-Calais) 16 mars 2006 — Jack Lang, depute PS du
Pas-de-Calais, a appele jeudi le ministre de l’Interieur Nicolas
Sarkozy a prendre “les mesures necessaires pour faire liberer” deux
enfants d’origine russo-armenienne scolarises en France et retenus
avec leurs parents dans un centre de retention a Coquelles.

Places dans un centre de retention la semaine dernière a Lyon, les
quatre personnes – le père armenien, la mère russe et les enfants
apatrides nes en Russie – ont ete transferes depuis dimanche dans ce
centre du Pas-de-Calais.

Dans une lettre adressee au ministre, Jack Lang a fait appel a son
“humanite” pour agir en faveur d’Artem et Levon Arutyunyan, les deux
enfants de 7 et 11 ans, qui etaient scolarises depuis la rentree
a Decines (Rhône). L’ancien ministre socialiste rappelle que la
circulaire du 31 octobre 2005 suspend les expulsions jusqu’a la fin
de l’annee scolaire.

M. Lang “conjure” le ministre de “prendre immediatement les mesures
necessaires pour faire liberer” les deux enfants et leur parents,
et leur permettre “d’attendre la fin de leur annee scolaire a Decines”.

De leur côte, quatre elus de gauche de Decines et trois parents
d’elèves de l’ecole des enfants se sont rendus jeudi a Coquelles pour
exprimer leur soutien aux quatre personnes.

La famille avait quitte la Russie fin 2004 pour la Suède où elle avait
ete deboutee du droit d’asile en avril 2005. Elle s’etait installee
ensuite a Decines, où vit une forte minorite armenienne.

–Boundary_(ID_rgQ+WqIG5gxTyGLSJkVkkw )–