NightWatch
For the Night of 17
April 2008
Japan: In a non-binding ruling, the Nagoya High
Court ruled today that the deployment of Japan's
air self-defense force (ASDF) assets to Iraq was unconstitutional because they
were used to airlift armed troops to a war zone, Yomiuri reported. The
court ruled the ASDF's transportation of armed soldiers violated Article 9 of
the Japanese Constitution. Under a special law, the ASDF is allowed to provide
humanitarian support for the reconstruction efforts in Iraq but cannot
carry armed combat forces. A contingent
of 600 ground self defense force soldiers performed a variety of humanitarian
tasks in Samawa in southeastern Iraq for two
years under Dutch and Australian protection, but withdrew them in 2006 after Samawa became a combat zone.
The court dismissed the suit, however, because it did not
state a civil cause of action. Thus, it refused to grant the plaintiff’s
request for the suspension of the airlift, but in doing so, it found the
deployment itself unconstitutional. Japan has about 210 air force personnel and several
C-130 Hercules transport aircraft in Kuwait
for the airlift operations to Baghdad and other airfields
in Iraq.
What this type of
ruling does is guide the plaintiffs as to how to argue their follow-up lawsuit.
It is a form of judicial activism. The Defense Ministry announced there would
be no change to ASDF operations.
South Korea: In an interview published
by the Washington Post, President Lee said "When I go back, and
this is the first time I am publicly making this recommendation and suggestion:
we need ... to open a permanent dialogue channel between the two Koreas."
He said he would propose creating liaison offices in the two
nations' capitals so as to carry on a permanent dialogue, replacing the
episodic discussions for handling specific problems. Lee told the Post that North Korea
was having trouble adjusting to the new tone set by his administration on
intra-Korean matters.
It is not clear why Lee chose to make the announcement in Washington, but its effect is to assert a strong South
Korean role, if not leadership, in engaging North Korea, even if the North
rejects the proposal.
China-Tibet: For the record. Agence France-Press reported today China has abandoned plans to reopen Tibet
to foreign and domestic tourists on 1 May as it announced earlier this month.
Tourism authorities gave no date for a return to normality.
Thailand: Prime Minister Samak told reporters, "At
today's meeting of the National Security Council, we agreed to lift martial law
in 170 districts of 31 provinces." He said martial law was no longer necessary
because a new Internal Security Act had now been passed.
The new security law was drafted by the military government,
and human rights groups say it gives wide and ill-defined powers to the army. Martial law was imposed by the military
government which took power in a coup in 2006.
It will remain in effect in the southern provinces of Yala, Pattani and
Narathiwat because of the separatist Islamist insurgency.
Pakistan: The
Election Commission changed the date of special elections to June 18 from June
3 to accommodate requirement of the political parties, The News reported. The election commission will hold elections on
six national, 22 provincial and five Senate seats. Former President Nawaz
Sharif and his brother and chief political advisor both will stand for election
in June.
After a detailed briefing at the Strategic Plans Division,
Prime Minister Gillani expressed satisfaction over the effectiveness of command
and control structures of the country's nuclear capability, saying the
structures, which had matured, were well conceived and elaborate. "It has
been ensured that, while our nuclear assets are safe and secure, the force
development as per needs of Pakistan's
minimum deterrence is progressing well," he said.
Under the National Command Authority Act, the President is
the chairman and the Prime Minister is the Vice Chairman of the NCA. Gillani
has been inducted into the brotherhood.
Georgia: South Ossetian President Eduard Kokoity
charged today that Georgia
is moving troops towards South Ossetia. "We have information on the movement of
Georgian military units toward our borders. After a meeting of the Georgian
Security Council, 15-hour readiness was announced in all Georgian military
units," Kokoity told Interfax. "We are taking
appropriate measures to prevent any provocations from the Georgian side….I want
to call on the Georgian side to avoid any ill-considered moves that may have
tragic consequences, primarily for Georgia itself.”
Abkhazian President Sergei Bagapsh announced today that
Abkhazia will take retaliatory measures unless Georgian troops that are being
moved into the Zugdidi district and the upper part of the Kodori Gorge do not
pull out within 24 hours. Bagapsh warned
Deputy Special Representative of the UN Secretary General Ivo Petrov and chief
military observer of the UN mission in the region Major General Niaz Khan
Khattak, whom he had specially invited, that Abkhazia would be forced to
retaliate by moving troops to the Gali region and the Kodori Gorge unless
Georgian troops pulled out by Friday afternoon.
General Khattak said that according to the information he
possessed, Georgia
was replacing its units in the Zugdidi district and the upper part of the
Kodori Gorge. "UN military observers will closely monitor the situation
and the sides' compliance with the agreement on a ceasefire and the
disengagement of forces," the general said.
Khattak’s statement confirms that Georgia is moving troops. Every
nation uses replacement time to plus up the strength on the ground. Thus
Bagapsh’s allegation is essentially accurate.
Georgia
has not commented on either charge, but the Russians now have established their
right to provide direct military aid to both breakaway provinces, if the
situation continues to escalate, which seems likely. NightWatch expects exchanges of fire along the borders in the
next week.
Russia-Libya: President Putin did not announce any
major arms deals, but did announce that Russia
agreed to write off Libya's
$4.5 billion debt in exchange for multi-billion-dollar contracts with Russian
companies, Reuters reported. Today’s statement clarifies yesterday’s report
that Libya
had agreed to pay the debt, which was hard to believe. The normal procedure is
to forgive the debt on condition that the debtor country buy and equivalent
value of goods from the lender country. Today’s announcement means the Russian
have restored a position of influence in Libya.
Somalia-France: Six Somali men involved in capturing a French
yacht and holding its 30 crew hostage told a French judge they were part of a
maritime militia group with a written code of conduct, a French judicial source
said. The men were captured in the Somali desert by French troops last
Friday. They said their militia group
was based in the village of Garaad-Ade in the northern province of Puntland. The French found their manual of conduct on
board the luxury yacht.
Organized crime is always judged a more severe threat to
civilized society than individual acts or small groups acting alone. The significance of the note is it tends to
prove that piracy off the Somali coast is a criminal business enterprise, not
the random extortion racket of marauding coastal tribes, as it is usually
presented. Like most other businesses, its effectiveness requires stable
conditions, including non-interference from Puntland security authorities. Puntland is a relatively quiet part of Somalia, not
the part where the fighting against the Islamists is taking place.
Zimbabwe:
At a summit of the United Nations and African Union today, British Prime
Minister Brown said, "No one thinks, having seen the results of polling
stations, that President Mugabe has won." Zimbabwe Justice Minister Patrick Chinamasa
responded, "It is clear from correspondence that Tsvangirai along with
Brown are seeking regime change in Zimbabwe, and on the part of
Tsvangirai, this is treasonous. There is no doubting the consequences for
acting in a treasonous manner."
Chinamasa also reminded Brown that Zimbabwe is not a British
colony. The next intimidation step
should be to arrest Tsvangirai, if the government believes its own propaganda.
After the recounts and the run-off election, if it occurs, Mugabe and his
military backers will remain in control. The opposition is too poor to afford
protests and defend its human rights. This is a study in democracy.
Zimbabwean opposition leader Tsvangirai said that South
African President Thabo Mbeki should refrain from mediating between the
opposition party and Zimbabwean President Mugabe's party. Tsvangirai also said a war crimes tribunal
should be set up to stop the violence, and he added that he has asked Zambian
President Levy Mwanawasa, chairman of the Southern African Development
Community, to start a new mediation effort.
As noted in an earlier report, no African mediator will
favor unseating a sitting member of the President’s club.
China-Zimbabwe: A Chinese ship allegedly carrying armaments
for the Zimbabwean army was cleared to dock in Durban, according to South African news
reports. The ship, owned by Chinese Ocean Shipping Company, has been held in an
outer anchorage since 14 April, a spokesman for a police explosives unit said.
A captain on the Chinese ship denied it contained
"dangerous cargo." He did not
deny he carried cargo for the Zimbabwe
army, however. The Chinese have invested
extensively in Zimbabwe’s
mineral resources under favorable conditions extended by the Mugabe governments
and may be expected to act to protect their interests. They do not mind bad
press from their associations with authoritarian regimes anywhere as long as
their investments are protected.
Cameroon: Despite
widespread opposition, the National Assembly passed a constitutional amendment
on 10 April that will allow President Biya to run for a third term in
2011. Army soldiers and Gendarmes
maintained high visibility patrols in every major town to intimidate would-be
protestors. There were no public protests.
Prior to the amendment, the constitution limited a President
to two seven-year terms. This is a study in democracy.
Food and Stability
Sri Lanka: The
government has ordered price controls on food, starting today. Consumer Affairs Minister Bandula Gunawardena
told the BBC that selling above the price limit is prohibited under the
Consumer Protection Act. Traders complained
the price limits made their business uneconomic.
The government also created a consumer court with authority
to punish retailers who violate the price ceiling. Selling, displaying, hiding
stock or misleading the public are now offences and the public could complain
to the Consumer Protection Authority, or the civil authorities of the area, Gunawardena
said. Rejecting the suggestion that
there was a rice shortage in Sri
Lanka, he said it was a propaganda campaign
that was launched before the New Year by "groups with vested
interests" to artificially increase rice prices.
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