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Facebook must walk the talk on Myanmar | Facebook

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Last month, Facebook moved to block a bid by The Gambia in a US court, in which it sought disclosure of posts and communications by members of Myanmar’s military and police. This legal step is related to a case brought by The Gambia before the International Court of Justice (ICJ), in which it has accused Myanmar of genocide against its Rohingya Muslim minority.

The social media giant urged the US District Court for the District of Columbia to reject the “extraordinarily broad” request, saying it would violate a US law that bars electronic communication services from disclosing users’ communications. 

In a consequent public statement, Facebook confirmed that it would not comply with The Gambia’s demand, but claimed to be cooperating with the United Nations Independent Investigative Mechanism for Myanmar (IIMM) – an investigative body established to collect and analyse evidence of serious international crimes committed in Myanmar. 

A few days later, however, this was refuted by the IIMM head Nicholas Koumjian. Koumjian explained that while Facebook has indeed been in talks with the IIMM for a year, it had failed to share “highly relevant” material that could be “probative of serious international crimes” with the investigators. Again, a few days after this, there were reports – confirmed by the IIMM – that Facebook has shared the first data set that only “partially complies” with requests from the IIMM.  

Facebook has stated that it supportaction against international crimes” by working with the appropriate authorities. However, this series of actions on the part of Facebook may lead to the opposite conclusion, and rather than supporting The Gambia’s legal efforts to bring the perpetrators to justice, is obstructing a case relating to genocide. 

In August 2017, the Myanmar military launched a so-called “clearance operation” in Rakhine State, home to Rohingya and other ethnic minorities. Over several weeks, soldiers committed atrocities in the region, killing thousands, committing mass rapes, burning villages to the ground, and driving more than 700,000 Rohingya to flee into neighbouring Bangladesh. 

Since then, it has been established that Facebook was used as a medium for the dissemination of hate speech as a precursor to these atrocities. In September 2018, in a report on the situation in Myanmar, the UN Independent International Fact-Finding Mission on Myanmar highlighted the role Facebook played in creating an enabling environment in the country for the commission of atrocities.

Around the time of the release of the report, Facebook suspended several Myanmar military accounts, including that of the head of the army, and subsequently commissioned a human rights impact assessment into its Myanmar operations. The latter was quite tepid, and the former, a case of too little, too late. 

In November 2019, The Gambia filed an application at the ICJ, claiming that a conflict exists between it and Myanmar regarding the interpretation and application of the Genocide Convention, based on how Myanmar was treating the Rohingya population, which The Gambia claimed rose to the level of genocidal acts. 

This was a legally unprecedented move – the first instance where a case was filed by a state not directly affected by the international crimes alleged. Nevertheless, The Gambia obtained an initial positive ruling this January from the court – a ruling relating to protective measures, which includes directions to Myanmar to cease and desist from certain actions that would violate the Genocide Convention, and to provide the court with regular updates on its compliance with the order. 

However, The Gambia needs to take many more steps and overcome several hurdles to bring the case to a successful conclusion. One of these steps is to obtain more evidence that demonstrates the Myanmar military’s “genocidal intent” against the Rohingya. One likely repository of such evidence is Facebook. 

Knowing that there is a trove of information accessible only to Facebook, which may shed light on various aspects of the international crimes alleged, in June 2020, The Gambia initiated legal proceedings in the US, to compel the company to hand over information that would be of assistance for the case before the international court. 

The request, made in accordance with a US federal statute, was opposed by Facebook because it violates a US law that “protects billions of global internet users from violations of their right to privacy and freedom of expression”.

However, the provisions of the law invoked – Stored Communications Act, 18 USC 2702(a) – do not seem to be a complete bar to sharing the information. As argued by The Gambia in response to the opposition by Facebook in court, the act aims to protect the privacy of private individuals in the US and not the unlawful acts of state actors such as the Myanmar government. Moreover, it would not apply to information already removed from the system – which is much of what is being requested – given the prior removal for violating Facebook’s own terms and conditions. 

The optics of not supporting the disclosure of evidence that may assist in establishing the crime of genocide are truly terrible. As bad, is the obfuscation that seems to accompany this position. Facebook, a company that has built its entire business model on monetising user data, is likely aware of this. 

August marked the third anniversary of the mass exodus and atrocities committed against the Rohingya – a time for reflection – and a time to act in support of the survivors, in their quest for accountability and justice. Facebook must walk the talk now. 

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



Source – www.aljazeera.com

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Charles Mbire gains $1.2 million as stake in MTN Uganda rises above $51 million

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Ugandan businessman and MTN Uganda Chairman Charles Mbire has seen the market value of his stake in MTN Uganda surge above $51 million in just two days, as the share price in the leading teleco company increased by a single digit.

The single-digit bump in the share price caused the market value of Mbire’s stake to gain UGX4.42 billion ($1.24 million) in less than two days.

The million-dollar increase in the value of his stake came after Uganda’s largest telecom company delivered the country’s largest-ever IPO through the listing of 22.4 billion ordinary shares on the Uganda Securities Exchange (USE).

Upon completing the largest IPO in Uganda’s history, MTN Uganda raised a record UGX535 billion ($150.4 million) from the applications that it received for a total of 2.9 billion shares, including incentive shares.

As of press time, Dec. 7, shares in the company were trading at UGX204.95 ($0.0574), down six basis points from their opening price this morning.

Data gathered by Billionaires.Africa revealed that since the telecom company registered its shares on the Ugandan bourse on Mon., Dec. 6, its share price has increased by 2.5 percent from UGX200 ($0.056) to UGX204.95 ($0.0574) as of the time of writing, as retail investors sustained buying interest long after the public offering.

The increase in the company’s share price caused the market value of Mbire’s 3.98-percent stake to rise from UGX178.45 billion ($49.96 million) to UGX182.86 billion ($51.2 million).

In less than two days, his stake gained more than UGX4.42 billion ($1.24 million).

In a statement after the successful listing of MTN Uganda’s shares, Mbire said the IPO shows the confidence that Ugandans and other investors have in the company, its brand and strategic intent.

“We commend all the regulators for their support in our work to become a USE-listed company and to comply in a timely manner with the listing provisions of the national telecommunications operators’ license,” he said.

Steady but sure-MBIRE who is the biggest investor on Ugandas Stock exchange with stocks valued at more than $55 million is laughing all the way to the bank after MTN declared the latest dividend payout.He has steadily grown his business empire which is believed to be more that $350 million (debt free).

Steady but sure-MBIRE who is the biggest investor on Ugandas Stock exchange with stocks valued at more than $55 million is laughing all the way to the bank after MTN declared the latest dividend payout.He has steadily grown his business empire which is believed to be more that $350. ( debt free).

He is into communications-revenue assurance-cement-distribution-oil services-real estate-oil exploration and logistics.

Source: Billionaires Africa

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2-year-old dies at Arua hospital as nurse demands Shs 210,000 bribe

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A two-year-old child died at Arua Regional Referral hospital after a nurse, Paul Wamala demanded a bribe amounting to Shs 210,000 before carrying out an operation. 

The incident happened on Saturday, after Aron Nabil, a two-year-old child was referred to the hospital for an operation after he was diagnosed with intestinal obstruction, a medical emergency caused by a blockage that keeps food or liquid from passing through the small intestine or large intestine.

According to the relatives of the child, Wamala allegedly asked them to initially give him Shs 30,000 to buy medicines to commence the procedure. He however returned shortly asking for an additional Shs 180,000 from the relatives.

Emily Adiru, a resident of Osu cell, in Bazar Ward, Central Division, and a relative of the child says although they paid money to Wamala, he abandoned the child without carrying out the operation. According to Adiru, Wamala later refunded Shs 200,000 through mobile money, after she threatened to report him to the police.

“They told us this boy needs an operation which was supposed to be done in the morning on Sunday at around 7 am. They took him inside there, some doctor came from the theatre, he called one of us and said, we should pay Shs 70,000 for buying medicine to start the operation. We paid the Shs 30,000 [but] after paying the Shs 30,000, after some minutes, the same man came and opened the door and called us again, and told us we should pay another Shs 100,000. We also paid the Shs 100,000 and we thought it is finished. We were outside there waiting for our patient to come out [but] then this man came back again and said we should pay another Shs 80,000,” said Adiru.

Although the operation was later carried out after a 7-hour delay, the child didn’t make it, and relatives attribute the death to negligence. Miria Ahmed, a concerned resident wonders why such incidents have persisted at the facility which is supposed to service the citizens.

“Is the problem the hospital, is it the management or it is the human resource that is the problem in the hospital? A small child like this you demand Shs 210,000 for the operation? Well, if the money was taken and the operation is done, I would say anything bad but this money was taken and the small boy was abandoned in the theatre,” she said. 

When contacted Wamala refused to comment on the allegations. Dr Gilbert Aniku, the acting hospital director says that the hospital will issue an official statement later since consultations about the matter are ongoing.

Arua City resident district commissioner, Alice Akello has condemned the actions of the nurse saying she has ordered his arrest so as to set an example to the rest. The case has been reported to Arua regional referral hospital police post under SD reference No:05/30/05/2022.



Source – observer.ug

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Mexican president’s Mayan Train dealt new legal setback | Tourism News

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Activists say the planned tourist train will harm the wildlife and natural features of the Yucatan Peninsula.

Mexican President Andres Manuel Lopez Obrador has been dealt the latest setback to an ambitious plan to create a tourist train to connect the country’s southern Yucatan Peninsula.

On Monday, a judge indefinitely suspended construction on a portion of the project, known as the Mayan Train, saying the plans currently do not comply “with the proceedings of the environmental impact evaluation”.

The ruling follows a legal challenge by activists who said they were concerned the 60km (37 mile) portion of the train that would connect the resorts of Playa del Carmen and Tulum would adversely affect the area’s wildlife, as well as its caves and water-filled sinkholes known as cenotes.

The original plan for the disputed section was for an overpass over a highway, but the route was modified early this year to go through jungle at ground level.

The federal judge cited the “imminent danger” of causing “irreversible damage” to ecosystems, according to one of the plaintiffs, the non-governmental group Defending the Right to a Healthy Environment. In a statement, the group said that authorities had failed to carry out the necessary environmental impact studies before starting construction of the section.

Lopez Obrador had announced the ambitious project in 2018, with construction beginning in 2020. The roughly 1,500km (930 mile) cargo and passenger rail loop was presented as a cornerstone of a wider plan to develop the poorer states and remote towns throughout the about 181,000sq km (70,000sq mile) Yucatan Peninsula.

The railway is set to connect Caribbean beach resorts with Mayan archaeological ruins, with authorities aiming to complete the project by the end of 2023. The plan is estimated to cost about $16bn.

The project has split communities across the region, with some welcoming the economic development and connectivity it would bring. Others, including some local Indigenous communities, have challenged the project, saying it could not only disrupt the migratory routes of endangered species, including jaguars, tapirs and ocelots, but could also potentially damage centuries-old Mayan archaeological sites.

The National Fund for the Promotion of Tourism, the government agency overseeing the project, has said that it expects to “overcome” the latest challenge and that work should continue after an environmental impact statement is finalised. It said the Environment Ministry was currently reviewing its environmental application for the project.

For his part, Lopez Obrador has insisted the railway will not have a significant environmental effect and has accused activists of being infiltrated by “impostors”.



Source – www.aljazeera.com

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