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African Human Rights Law Journal
On-line version ISSN 1996-2096
Print version ISSN 1609-073X
Afr. hum. rights law j. vol.14 n.1 Pretoria Jan. 2014
Human rights developments in the African Union during 2012 and 2013
Magnus Killander*; Bright Nkrumah**
Associate Professor, Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa
Research Assistant, Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa
Positive developments in 2012 and 2013 included an increased impetus by the African Commission to reach decisions on petitions submitted to it and measures, such as hearings, to promote the implementation of its decisions. Concerns include the lack of publication of numerous decisions on individual cases and the lack of referral of cases from the Commission to the African Court in 2013. Despite the lack of referrals, the African Court now has a substantial docket and can focus on judicial work rather than the promotional work it has been focusing on over the last few years. The African Union political bodies continue to provide inadequate support, in particular to ensure sufficient staffing of the Commission and ensuring peer pressure in relation to the implementation of findings of the monitoring bodies. Projects such as expanding the mandate of the African Court to become a regional alternative to the International Criminal Court should be shelved until such time that a clear commitment to the existing institutions becomes evident.
1 Introduction
The regional African human rights system has witnessed significant developments since the adoption of the African Charter on Human and Peoples' Rights (African Charter) in 1981. This article reflects on the human rights developments within the African Union (AU) in 2012 and 201 3. The focus is on the work of the African Commission on Human and Peoples' Rights (African Commission), the African Court on Human and Peoples' Rights (African Court) and the African Committee on the Rights and Welfare of the Child (African Children's Committee). The article also briefly considers the activities of the African Peer Review Mechanism (ARPM) and the African Union (AU) political organs in relation to human rights.
Highlights during the years in review include the entry into force in 2012 of the AU Convention for the Protection and Assistance of Internally-Displaced Persons in Africa (Kampala Convention) which provides a normative framework for the protection of internally-displaced persons (IDPs). The year 2012 also marked the 25th anniversary of the establishment of the main regional human rights monitoring body, the African Commission. The year 2013 marked the 10th anniversary of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (African Women's Protocol) which, by the end of 2013 has been ratified by 36 AU member states. The year 2013 also marked the 50th anniversary of the establishment of the Organisation of African Unity (OAU), which was transformed into the AU in 2002.
2 African Commission on Human and Peoples' Rights
2.1 Composition
The AU Assembly in May 2013 elected Lawrence Mute as commissioner for a six-year term. Commissioner Mute has previously served as a commissioner of the Kenya National Commission on Human Rights. He replaces the former Chairperson of the Commission, Commissioner Dupe Atoki from Nigeria, who did not stand for re-election. At the same summit, the Assembly re-elected Yeung Kam John Yeung Sik Yuen (Mauritius), Soyata Maiga (Mali) and Lucy Asuagbor (Cameroon) for six-year terms.1 The replacement of Commissioner Atoki with Commissioner Mute saw the number of women on the Commission decline from seven to six. However, the Commission retains a majority of women, unusual among similar bodies in other regions and at the United Nations (UN).2
At the 54th ordinary session of the Commission in November 2013, the commissioners elected a new bureau (leadership) composed of Kayitesi Zainabo Sylvie (Rwanda) as Chairperson and Mohamed Béchir Khalfallah (Tunisia) as Vice-Chairperson.3 Both will serve for renewable two-year terms in that capacity.4 Prior to their election, Catherine Dupe Atoki and Kayitesi Zainabo Sylvie served as Chairperson and Vice-Chairperson respectively until the expiry of their terms in 2013.
2.2 Sessions
The African Commission holds two ordinary sessions each year and, when necessary, extraordinary sessions. It held the usual two ordinary sessions in 2012 and 2013. Due to the backlog of complaints and state reports, the Commission held two extraordinary sessions in 2012 and two in 2013. The Commission was in session for a total of 44 days in 2012 and 42 days in 2013. 5
2.3 Resources
In its decisions on the African Commission's Activity Reports, the Executive Council has repeatedly called on the AU Commission to 'expedite recruitment for the Secretariat ... to enable the ACHPR effectively deliver on the mandate entrusted to it'.6 The AU approved a staffing structure for the Secretariat in 2009. However, the AU Commission has still not expedited action for the recruitment of staff to the Commission's Secretariat.7 While the financial allocation to the Commission in the AU budget has increased significantly in recent years,8 such that the total budget for the Commission for 2013 was close to US $8,5 million, the Commission has expressed concern that no funds for programme activities as allocated in the AU budget was released to the Commission in 2013.9 The budget for 2014 was reduced to US $4 million as an operational budget (from member states) and US $1,5 million as programme budget (from partners).
2.4 State reporting
The consideration of state reports constitutes one of the key aspects of the African Commission's mandate. The African Charter and the African Women's Protocol oblige all states to submit reports to the Commission every two years on the steps taken to implement the provisions of these instruments.10
In 2012 the Commission considered and adopted concluding observations on the state reports of Angola, Sudan and Côte d'Ivoire,11 and in 2013 on Cameroon, Gabon and Uganda. Consideration of the state reports of Liberia, Mozambique, Sahrawi Arab Democratic Republic (Western Sahara), Malawi, Sierra Leone and Uganda were pending as of the end of 2013. The reports submitted by four countries, Côte d'Ivoire, Liberia, Malawi and Sierra Leone were initial reports, thus bringing down the number of countries which have never submitted a report to the Commission to seven.12 The only state report so far that covers implementation of the African Women's Protocol is the report of Malawi.13
2.5 Resolutions
In 2012 and 2013 the African Commission adopted country-specific resolutions dealing with the situation in Ethiopia, Mali, Nigeria, Senegal, South Sudan, Sudan and Swaziland. In the same period the Commission adopted numerous thematic resolutions. Some of the most important normative resolutions are discussed below.
In the Resolution on the Right to Adequate Housing and Protection from Forced Evictions,14 the Commission called for an end to forced evictions, in particular evictions in the name of development. The Commission called on states to ensure that evictions were only used as a last resort and that remedies are available to challenge evictions. The Commission further called on states to ensure security of tenure and that alternative housing that is provided in cases of evictions complies with international standards.
In the Resolution on the Right to Nationality,15 the Commission expressed its deep concern at the arbitrary deprivation of nationality on discriminatory grounds. The Commission urged states to recognise, guarantee and facilitate the right to nationality of every person, especially the registration of births of all children on their territory.
In its Resolution on Illicit Capital Flight from Africa,16 the Commission called on the Working Group on Economic, Social and Cultural Rights in Africa and the Working Group on Extractive Industries, Environment and Human Rights Violations in Africa to conduct an inquiry into the impact of illicit capital flight on human rights in Africa. African states were requested to examine their legislation to prevent illicit capital flow.
In promoting and protecting women's sexual and health rights, the Commission adopted the Resolution on Involuntary Sterilisation and the Protection of Human Rights in Access to HIV Services.17 It noted that access to the enjoyment of sexual and reproductive health rights of women in Africa was limited due to harmful practices in addition to HIV-related stigma, discrimination and prejudices. It further expressed concern about the various reports of coerced or involuntary sterilisation of women living with HIV. Against this background, the Commission called on states to put in place mechanisms to ensure that women living with HIV are not subjected to pressure or undue inducement by health care providers in order to secure consent for sterilisation.
With the aim of promoting gender equality and improving women's political and socio-economic status, the Resolution on Women's Rights to Land and Productive Resources was adopted.18 In this Resolution, the Commission expressed its concern on how women are still deprived of their right to own property and land, although most states have ratified the African Women's Protocol and other instruments on women's rights. The Commission urged states to repeal discriminatory laws and to abolish harmful social practices that have a negative impact on or limit women's access to the use and control of land.
In the Resolution on the Prevention of Attacks and Discrimination against Persons with Albinism,19 the Commission expressed its deep concern about the social exclusion, discriminatory and systematic attacks against persons living with albinism. It emphasised the need for states to provide special measures for the protection of these vulnerable individuals. The Commission charged states to institute effective mechanisms to eliminate all forms of discrimination and to increase public awareness to protect persons living with albinism. It further called for accountability through speedy prosecution of perpetrators and appropriate remedies for victims.
At its 54th ordinary session in November 2013, the Commission adopted a resolution calling on Kenya to implement the decision of the Commission in the Endorois case, adopted by the Commission in 2009. This followed the oral hearing on implementation held at the Commission's 53rd ordinary session in April 2013 and a workshop held by the Commission's working group on indigenous populations/ communities in Nairobi in September 2013. The resolution was the result of Kenya's failure to submit a road-map for implementation as agreed at the oral hearing in April 2013.20
2.6 Missions
Commissioners, together with legal officers from the Secretariat, undertake promotional visits to a few countries each year. The aim of such missions is to promote the rights in the African Charter and other regional instruments by engaging governments and civil society as well as gathering information, in particular in relation to the thematic mandates of the commissioners participating in the visit.21 Commissioners in 2012 and 2013 embarked on promotional missions to Mauritania,22 Central African Republic,23 Togo,24 Lesotho,25 Cameroon26 and Chad.27
The AU political organs sometimes request the African Commission to undertake fact-finding missions. Thus, the Commission undertook a fact-finding mission to Algeria in September 2012, investigating the situation in the Sahrawi Arab Democratic Republic (SADR), as requested by the AU Assembly in January 2012.28 SADR, an AU member state also known as the Western Sahara, is occupied by Morocco. The delegation did not receive any response from the Moroccan authorities in relation to gaining access to the territory and therefore had to limit its visit to Algeria.
The AU Assembly in 2012 called on the African Commission to investigate the 'massive violations of human rights' committed against the Mali military and civilians in Aguel'hoc in January 2012.29 A fact-finding mission was deployed by the Commission from 3 to 7 June 2013 and a report submitted to the Executive Council.30
2.7 Communications
2.7.1 10th extraordinary session, 12-16 December 201131
The Commission in 2011 for the first time decided on the merits in a case concerning the violation of women's rights, Communication 323/06, Egyptian Initiative for Personal Rights and Interights v Egypt. The complaint was filed on behalf of four women who were sexually abused during a demonstration in Cairo regarding a referendum on the amendment of the Egyptian Constitution. The complainants claimed that the first victim's clothes were torn, documents seized and her private parts fondled.32 The second, third and fourth victims, all journalists covering the protest, were beaten and sexually harassed by unidentified men and security officers.33 They also alleged that, when the victims lodged their complaints, they received threats to withdraw the case.34 Their complaints were rejected on the basis that the offenders could not be identified.35 The Commission held that the physical, mental and sexual harm inflicted on the victims affected their physical and mental well-being in violation of the right to health.36 The Commission ordered Egypt to conduct an investigation into the violation and to pay adequate compensation to each of the victims.37
At its 10th extraordinary session, the Commission also decided Communication 277/2003, Spilg & Others v Botswana.38 The complaint concerned the death penalty in Botswana, an issue which previously has been considered by the Commission in the Bosch case.39 The complainants alleged that the victim was wrongfully sentenced to death by hanging for the murder of a police officer. Botswana argued that the communication was instituted by non-nationals and, for that reason, the Commission did not have jurisdiction. Botswana further averred that the imposition of the death penalty was reasonable if the crime is of the most serious nature and due process for safeguards is in place.40 In responding to Botswana's first argument, the Commission held that limiting the authorship of communications to citizens is not in line with the African Charter.41 On the merits, the Commission held that, while hanging as a method of execution could constitute a violation of the prohibition on cruel, inhuman or degrading punishment, it had not been shown to constitute such punishment in this case. However, not to inform relatives of the imminent execution constituted a violation of article 5 of the African Charter. The Commission urged Botswana to impose a moratorium on executions with a view to abolishing the death penalty.42
Communication 347/07, Association Pro Derechos Humanos de Espana (APDHE) v Equatorial Guinea, and Communication 372/09, Interights v Ethiopia, were declared inadmissible.
As of February 2014, these decisions had not been published by the Commission.
2.7.2 11th extraordinary session, 21 February to 1 March 2012
Communication 288/04, Shumba v Zimbabwe,43 relates to the cruel, inhuman and degrading treatment of the complainant due to his political association. The Commission found a violation of article 5 of the African Charter and requested Zimbabwe to pay adequate compensation to the victim for the torture and trauma suffered while in detention.44
The Commission at this session also declared six communications inadmissible. Communication 278/2003, Promoting Justice for Women and Children (PROJUST NGO) v Democratic Republic of Congo, involved six women who had been arrested in place of their husbands who were either deceased or had fled the country. The complainant alleged that the victims were tortured before being sent to the penitentiary while others were held there with their children.45 The complainant submitted that local remedies had been exhausted since the decision of the Military Court which tried the victims could neither be appealed, nor set aside.46 The Commission rejected this argument and indicated that the victims had the opportunity to refer the disputed ruling to the Supreme Court for redress. The communication was thus declared inadmissible.
Communication 351/2007, Chari v Zimbabwe, concerned the arrest and torture of a student during a peaceful demonstration. He maintained that, following constant harassment from government agents, he had fled to South Africa. He argued that since he escaped and is now resident in another country, domestic remedies could not be pursued and were therefore not available. The Commission rejected this argument on the grounds that it is not a legal requirement to be present in a country in order to access its domestic remedies.47 The communication was therefore declared inadmissible.
The inadmissibility decisions on Communication 331/2006, Kamanakao Association, Reteng and Minority Rights Group v Botswana, 356/07, The Gambia Task Force v The Gambia, 340/07, Zimbabwe Human Rights NGO Forum v Zimbabwe, and 314/06, Zimbabwe Lawyers for Human Rights and Human Rights Trusts of Southern Africa v Zimbabwe, had as of February 2014 not been published by the African Commission. The same applies to Communication 380/09, Global Conscience Initiative Cameroon v Cameroon, which was struck from the list following withdrawal.
At the session, the Commission was seized of two new cases, one against the SADC member states (Communication 409/12) and one against Gabon (Communication 410/12). The case against the SADC member states relates to the suspension of the SADC Tribunal.48 This case was declared admissible by the Commission at the 52nd ordinary session and decided on the merits at the 54th ordinary session, as discussed below.
At the session, the Commission also considered the implementation of its decision in Good v Botswana. After the decision was adopted, Botswana, through a diplomatic note, informed the Commission that 'it is not bound by the decision of the Commission'. The Commission called on the Executive Council to take 'appropriate action' against Botswana in its 32nd-33rd Activity Report. The Executive Council did not take any action against Botswana at the meeting at which it adopted the Activity Report. However, in a more recent decision, it has made general calls on states to comply with the decision of the Commission.49
The Commission also decided to refer Communication 381/09, Centre for Minority Rights Development (CEMIRIDE) and Minority Rights Group v Kenya, to the African Court, basing the referral on non-compliance with provisional measures adopted by the Commission in 2009.50
2.7.3 51st ordinary session, 18 April to 2 May 2012
Communication 295/04, Kazingachire & Others v Zimbabwe, was filed by the Zimbabwe Human Rights NGO Forum on behalf of four victims. The complaint relates to allegations of wrongful killings and unfair compensation. The complainants argued that on 10 January 2001, a child who was a passenger in his father's car was mistakenly shot and killed by four policemen. The second victim, a motor mechanic, was wrongfully arrested and shot in the head at point blank range by police officers. The third victim, a student, while travelling by train, was assaulted and strangled to death by army officers due to his political affiliation. The complainants further submitted that the fourth victim was beaten to death by police officers during a student riot. The African Commission held that Zimbabwe's accountability system for excessive use of force by law enforcement officers was inadequate and violated the African Charter.51 The Commission further held that Zimbabwe had failed to provide remedies and had thus violated articles 1 and 4 of the African Charter.52 The Commission requested Zimbabwe to pay compensatory damages to the next of kin and legal heirs of the four deceased persons.
The Commission was seized of cases against Libya, Gabon, Angola and Swaziland and held oral hearings in cases against South Africa, Uganda, Sudan and Mauritania.
2.7.4 12th extraordinary session, 30 July to 4 August 2012
The inadmissibility decision with regard to Communication 337/2007, Gumne & Others v Nigeria and Cameroon, and the review decision in Communication 384/09, Gumne & Others v Cameroon, had as of February 2014 not been published by the Commission.
The Commission was seized of cases against Cameroon, Congo, Nigeria, Ethiopia and Sudan and discussed the implementation of its recommendations in the Endorois case.
2.7.5 52nd ordinary session, 9-22 October 2012
Communication 301/05, Gabre-Selassie and IHRDA v Ethiopia, was submitted on behalf of former officials of the Mengistu (Dergue) regime. The former officials alleged that they had been arbitrarily detained since 1991. Ethiopia was found to have violated the right to an impartial hearing, trial within a reasonable time and the presumption of innocence. The Commission accordingly ordered Ethiopia to pay adequate compensation to the victims.53
Communication 286/2004, Noca v Democratic Republic of the Congo (DRC), dealt with the right to property. In 1974 the state adopted legislation which ceded undeveloped and abandoned properties to Congolese nationals. The complainant, an Italian national, entrusted his building to a state agency for management. The building was nonetheless declared abandoned and allocated to other persons. In its analysis, the Commission observed that the DRC had failed in its obligation to protect the rights of foreign nationals living within its borders.54 It further indicated that the state could have exercised due diligence or goodwill by returning the property to the victim.55 The Commission urged the DRC to reinstate the title deed of the building to the complainant or to pay him just compensation.56
Communication 285/2004, Watumbulwa v Democratic Republic of the Congo, and Communication 289/2004, Koné & Another v Cöte d'Ivoire, were struck from the list due to a lack of interest on the part of the complainants. Four other communications, two against Sudan, one against Kenya and Sudan and one against Mozambique, were also struck from the list but had as of February 2014 not been published by the Commission.
The Commission was seized of cases against Cameroon, Egypt, Nigeria and Rwanda. The Commission referred Communication 411/ 12, Gaddafi v Libya, on which it had previously ordered provisional measures, to the African Court.
2.7.6 13th extraordinary session, 18-25 February 2013
The African Commission seized 11 communications.57 The Commission decided not to be seized of Communication 422/12, Sudan v South Sudan. This was presumably because the Commission considered that South Sudan was not bound by the African Charter as this country, which only gained independence in July 2011, had not at the time ratified it. However, it is questionable whether this in itself should prevent the Commission from being seized of the case, as a successor state is generally seen as being bound by the human rights commitments of the state to which it used to belong.58 The Parliament of South Sudan voted to ratify the African Charter in October 2013, but the President has not yet assented.59
Two communications were declared admissible,60 one inadmissible61 and one decided on the merits.62 The merits decision in Communication 270/03, Access to justice v Nigeria, had as of February 2014 not been published. Communication 386/10, Ibrahim v Sudan, was declared inadmissible despite the Commission finding that the case had been considered by the Constitutional Court and other local remedies could not be exhausted.63 The Commission declared the case inadmissible on the basis that it took the complainant 15 months to submit the case to the Commission after the ruling of the Constitutional Court. The Commission considered this to be an unreasonably long time in terms of article 56(6) of the African Charter.64
A case against Egypt was deferred pending the adoption of a new constitution.65 Four cases were struck from the list due to a lack of diligent prosecution by the complainants.66
2.7.7 53rd ordinary session, 9-22 April 2013
During the session, the African Commission seized eight communications,67 rejected the seizure of one,68 conducted oral hearings on the merits of one case69 and on the implementation of the Endorois case decided by the Commission in 20 09.70 Two cases were considered on the merits.71 Communication 335/07, Dabalorivhuwa Patriotic Front v South Africa, concerned discrimination and a violation of the labour rights of the Vhavenda people.72 The Commission held that article 2 of the African Charter permitted different treatment of people equally placed if such treatment is aimed at achieving a legitimate and an objective purpose.73 For this reason, the Commission concurred with the state that the different treatment was based solely on a financial decision made by the complainants and not on grounds prohibited by the Charter.74 The communication was therefore dismissed. The decision on Communication 302/05, Mamboleo v Democratic Republic of Congo, had as of February 2014 not been published by the Commission.
2.7.8 14th extraordinary session, 20-24 July 2013
The African Commission seized five communications,75 declared six admissible76 and one inadmissible,77 and decided two communications on the merits.78 These decisions had as of February 2014 not been published. It is noticeable that Communication 259/ 02, Groupe de Travail sur les dossiers judiciaires stratégiques v DRC, was submitted in 2002 and that it thus took more than a decade to reach a decision on the merits of the case.
The Commission rejected a request for the reconsideration of its decision on Communication 331/06, Kamanakao Association and Others v Botswana. The communication, submitted on behalf of minorities in Botswana, called for a review of the Commission's inadmissibility decision which was based on non-exhaustion of local remedies. The complainants argued that they did not approach the Court of Appeal since it was obvious that they were bound to fail based on a judgment of the same court. The Commission held that this did 'not constitute new evidence within the meaning adopted by the Commission'.79 The Commission also considered a request for review in Communication 375/09, Echaria v Kenya, which had been declared inadmissible in 2011 for failure of submission of the case to the Commission within a reasonable time of exhaustion of local remedies.
2.7.9 54th ordinary session, 22 October to 5 November 2013
The African Commission seized six communications,80 decided not to be seized of one,81 declared four communications admissible82 and took four decisions on the merits.83 None of the merits decisions had been published by the Commission as of February 2014. However, the complainant in the case dealing with the dissolution of the SADC Tribunal was after the session informed by the Commission Secretariat that the Commission had not found a violation since the African Charter only refers to national courts.84
Communication 280/03, Phutuka v DRC, was declared inadmissible after more than a decade on the Commission's roll. The Commission held an oral hearing on Communication 383/10, Al-Assad v Djibouti, and discussed follow-up on the implementation of the Commission's 2011 decision in Communication 323/06, Egyptian Initiative for Personal Rights and Interights v Egypt.85
3 African Court on Human and Peoples' Rights
3.1 Composition
The AU Assembly in July 2012 reappointed two judges for a six-year term, namely, Gerard Niyungeko from Burundi and El Hadji Guisse from Senegal. Ben Kioko from Kenya, formerly the AU legal counsel, was elected as a new appointment on the Court.86 Mr Kimelabalou Aba from Togo was elected for a one and a half-year term in January 2013 to replace Justice Mulenga from Uganda who passed away in September 2012.87 Justice Sophia Akuffo (Ghana) was elected President of the Court in 2012 and Justice Bernard Ngoepe (South Africa) replaced Justice Ouguergouz (Algeria) as Vice-President after the latter resigned from this post in September 2012.88
3.2 Cases
Seven contentious cases were received in 2012 and five in 2013. Five were finalised in 2012, and four in 2013. Eight cases were pending at the end of 2013.89 It is worth noting that most of the applications received by the African Court are brought against states which are not parties to the Protocol or have not deposited the declaration allowing individuals and non-governmental organisations (NGOs) to submit applications. It is questionable whether these cases should be determined judicially.
The Court declined jurisdiction in a case submitted against the AU. In Femi Falana v African Union, the applicant contended that he had made several attempts to have Nigeria deposit a declaration under article 34(6) to accept the competence of the Court to hear complaints brought by individuals and NGOs. The AU argued that the obligations of the state parties to the African Charter could not be inferred upon the AU. The Court, by a majority of seven to three votes, held that since the AU is not a party to the Protocol, it could not be subject to its obligations and the Court therefore lacked jurisdiction.90
Application 001/2013, Mtingwi v Malawi, concerned the wrongful and unfair termination of the employment of the applicant by the Malawi Revenue Authority (MRA). The applicant argued that, after the award of damages by the High Court, he realised that some items that were in the contract of employment were accidentally omitted during the preparation of exhibits submitted to the Court. The applicant further contended that the Supreme Court allowed the appeal of the MRA and dismissed the decision of the High Court which ruled in his favour. The African Court noted that it did not have an appellate jurisdiction to entertain complaints already decided by domestic or regional courts. The Court struck out the application for want of jurisdiction.91
The first merits judgment of the Court was handed down in June 2013.92 The Court had joined two cases submitted against Tanzania dealing with the same issue, namely, whether the prohibition of independent candidates to contest elections violated the African Charter. The Court held that the denial of independent candidates to contest elections violated the right to political participation as set out in article 13 of the Charter.
It is questionable why it should have taken the Court a year to deliver judgment after oral hearings were held in the case in June 2012. In fact, article 28(1) of the Court Protocol provides that the Court should render judgment within 90 days of completing deliberations, but does not say anything about how long the Court may deliberate.
The Court made its first order for provisional measures in 2011 in a case submitted by the African Commission against Libya.93 The substantive case was struck from the roll by the Court in 2013 as the Court did not receive the submissions it requested from the Commission.94
Another order for provisional measures was given by the Court in application 002/2013, African Commission on Human and Peoples' Rights v Libya. The case deals with the detention of Saif al Islam Gaddafi (son of late Libyan leader Muammar Gaddafi). The Court held that, in view of the failure of Libya to respond to the provisional measures of the African Commission and in light of the right to a fair trial, Libya should refrain from all investigations and judicial proceedings which could cause irreparable damage to the detainee.95 After Libya refused to comply with the order of provisional measures, the Court requested the AU Assembly to call upon Libya to comply with the orders of the Court or take 'other measures as it deems appropriate'.96 As of the end of 2013, the Court had not yet ruled on the admissibility and merits of the case.
The Court also ordered provisional measures in application 006/ 2012, African Commission on Human and Peoples' Rights v Kenya. The case deals with the eviction of an indigenous community from a forested area in Kenya and had been pending before the African Commission since 2009 when the Commission also issued provisional measures. The Court issued provisional measures in relation to transactions of land within the forest.97 As at the end of 2013, the Court had not yet ruled on the admissibility and merits of the case.
The Court has issued provisional measures in one case submitted by an individual applicant under article 34(6). In application 004/2013, Konaté v Burkina Faso, the editor-in-chief of a newspaper was sentenced to one year imprisonment and a fine for libel. The Court held, by majority, that to order Mr Konaté's immediate release would prejudge the merits of the case. The Court therefore only ordered provisional measures in relation to access to health care and medication as required.98
A request for an advisory opinion by the Socio-Economic Rights and Accountability Project (SERAP) was determined by the Court to fall outside the scope of the African Charter and struck off the list.99 SERAP has resubmitted an application for an advisory opinion and one of the issues before the Court is whether an NGO has standing to request an advisory opinion from the Court. A request for an advisory opinion submitted by Mali in relation to the status of prisoners in Mali incarcerated following judgments by the International Criminal Tribunal for Rwanda was withdrawn by Mali and struck from the list.100
4 African Committee on the Rights and Welfare of the Child
4.1 Composition
The 11-member African Committee on the Rights and Welfare of the Child (African Children's Committee) serves as the monitoring body of the African Charter on the Rights and Welfare of the Child (African Children's Charter). Four new members were elected in May 2013 to serve for a five-year term: Sidikou Aissatou Alassane Moulaye (Niger); Suzanne Aho-Assouma (Togo); Joseph Ndayisenga (Burundi); and Azza Ashmawy (Egypt).
4.2 Sessions
The African Children's Committee dedicated its 19th ordinary session in March 2012 to harmful traditional practices affecting children and also discussed the situation of disabled children. At its 21st session, the Committee adopted its Work Plan for 2012-2013. In the Plan, the Committee indicated its intention to develop general comments based on thematic issues such as 'Children of Imprisoned Mothers'. At its 22nd session, the Committee adopted a joint working plan with the AU Peace and Security Council (PSC) aimed at promoting the rights of children during armed conflicts.101 The plan was adopted pursuant to the Decision of the Executive Council at its 21st session, where the PSC and the Committee were requested to hold institutionalised consultations directed at adopting mechanisms and initiatives to promote and protect the rights of the child in armed conflict.102
4.3 State reports
The African Children's Committee is mandated by the African Children's Charter to examine state reports.103 These reports have to be submitted initially two years after the entry into force of the Charter for the state, and thereafter every three years. The state report has to set out the degree to which the provisions of the Charter are being implemented. It also has to set out the constraints or challenges affecting the fulfilment of the obligation as preserved in the Charter. The Children's Committee considered its first set of state reports in 2008 and, as of the end of 2013, of the 47 states which have ratified the Children's Charter, only 22 had submitted their initial reports.104 The initial reports of Cameroon, Niger and Senegal were considered at its 21st ordinary session.105 The Committee has issued concluding observations on all state reports except Senegal and Sudan due to additional information to be submitted by these states.
4.4 Communications
The African Children's Charter mandates the African Children's Committee to receive and examine communications. Akin to the jurisprudence and case law of the African Commission, the Committee's guidelines allow not only victims but other interested persons to submit a communication on behalf of the victim(s). However, according to the Guidelines for Communication, the author should be able to demonstrate that he or she is acting in the best interests of the child.106
The Children's Committee adopted its first merits decision in March 2011 in a case brought against Kenya. The case dealt with the denial of Kenyan nationality to children of Nubian descent. The Commission found Kenya in multiple violations of the African Children's Charter.107 The Committee gave Kenya six months within which to report on the implementation of the recommendations. A delegation of the Committee led by its Chairperson conducted a fact-finding mission to Kenya in February 2013 to assess the government's response to its recommendations.108
5 African Peer Review Mechanism
As of the end of 2013, 33 African states had signed up to the African Peer Review Mechanism (APRM), a voluntary process for self-reflection and independent assessment of various governance issues, including human rights. Niger joined in 2012 and Chad and Tunisia in 2013. At the end of 2013, 17 states had been reviewed,109 though country review reports had not been published in relation to all the states which had undergone review. The culmination of the APRM process is the peer review before the APR Forum consisting of the committee of Participating Heads of State and Government (PHSG) or their representatives. This committee appoints a Panel of Eminent Persons to manage and steer the affairs of the process. The APRM process is based on a questionnaire which was finally revised in 2012 after a lengthy process. The country review report of Sierra Leone was discussed at the APR Forum in January 2012 and published later in that year. Tanzania and Zambia came before the APR Forum in January 2013.110 The country review report of Tanzania was published later in the year,111 while the country review report of Zambia had not been published by the end of 2013. The APR Forum also considers implementation reports with regard to states that have undergone reviews and adopted a National Programme of Action to address the issues identified through the process.
At the APR Forum in May 2013, the heads of state and government participating in the APRM process decided to elect the President of Liberia, Ellen Johnson Sirleaf, as new Chairperson of the Forum, replacing Hailemariam Desalegn, the Prime Minister of Ethiopia.
Not much has been done to implement the 2010 resolution adopted by the African Commission on closer collaboration between the Commission and the APRM process.112 A former commissioner, Julienne Ondziel Gnelenga, was on the APRM Panel of Eminent Persons until her term expired in January 2014.113
6 African Union political organs
At the July 2012 summit, six new AU commissioners were elected. Aisha Abdullahi from Nigeria is the new Commissioner for Political Affairs, under which all the regional human rights bodies fall, except the African Children's Committee, which falls under the Department for Social Affairs. The new Commissioner for Social Affairs is Mustapha Kaloko from Sierra Leone.114
The dispute between AU member states and the International Criminal Court (ICC) intensified as one of the persons indicted in connection with the Kenyan post-election violence was elected President of Kenya. The cases of two sitting heads of state, President Kenyatta of Kenya and President al-Bashir of Sudan, are thus currently before the Court. At an extraordinary session in October 2013, the AU Assembly reiterated that the attempt by the ICC to prosecute sitting heads of state is detrimental as it has the potential of undermining peace, security and sovereignty in Africa. The Assembly during the session emphasised the need to fast-track the process of expanding the mandate of the African Court to handle international crimes.115 The draft Protocol providing for such jurisdiction had not yet been adopted by the end of 2013.116
The draft Protocol establishes jurisdiction not only for genocide, crimes against humanity and war crimes, but also other crimes such as corruption and - most controversially among states - unconstitutional changes of government. In July 2012 the Executive Council requested the AU Commission, in collaboration with the AU Commission on International Law and the African Court, to come up with a definition of unconstitutional changes of government for the Protocol.117 After receiving the report from the AU Commission, the Executive Council in January 2013 requested the African Commission in collaboration with the Peace and Security Council to look at the issue of legitimacy of popular uprisings in the context of unconstitutional changes of government and to consider the 'structural and financial implications' of giving the African Court criminal jurisdiction.118
At the July 2012 session, the Executive Council approved an AU model national law on universal jurisdiction over international crimes and encouraged member states to 'strengthen their national legislations on the prosecution of those accused of international crimes'.119
7 Conclusion
The year 2012 marked the 25th anniversary of the African Commission. Since its inception, the Commission has made some positive contribution towards the realisation of human rights, although it is still confronted with serious challenges. Positive developments include the hearings on the implementation of decisions of the Commission and an increased number of decisions on communications. The submission of state reports by a number of states which have never submitted state reports before is a further positive development.
Concern must, however, be raised over the failure of the Commission to publish its decisions on communications in a timely manner. This is seemingly linked to the fact that the decisions are no longer included as attachments to the activity reports submitted by the Commission to the Executive Council.
The African Court is making slow progress but now has a substantive docket. Seven states have made a declaration allowing direct access for individuals and NGOs to the Court. At the end of 2013, cases against three of these states, Burkina Faso, Rwanda and Tanzania, where pending before the Court, while cases against Kenya and Libya submitted by the African Commission were also pending before the Court. A matter of concern is the non-submission of cases from the Commission to the Court since the decision to refer the Gaddafi case in October 2012.
Both the African Commission and African Court took initiatives in relation to follow-up on the implementation of their decisions. The Executive Council of the AU should heed these calls and highlight individual cases of non-compliance in its decisions and not only make a general call for compliance with the decisions of the human rights monitoring bodies. There is a need to intensify co-operation between the Commission and the Court, especially with regard to information sharing. For instance, a case submitted by the Commission to the Court was struck from the roll of the Court in 2013 due to non-receipt of information requested by the Court from the Commission. The failure of the Commission to properly engage with the Court may be linked to the perception of an overly arduous role of the Commission before the Court, where the original applicant before the Commission does not play any role in the proceedings before the Court.
The AU political organs continue to rhetorically support the human rights organs in their resolutions, but not much is done to exercise peer pressure on states that fail to live up to what they have committed to. The rift between the AU and the ICC is set to continue, but even if the draft protocol extending criminal jurisdiction to the African Court is eventually adopted, it is unlikely to be quickly ratified by member states. The limited resources available within the AU could better be used to strengthen the institutional framework that has already been established and which the AU member states have committed themselves to support.
* Jur kand (Lund), EMA (Padua), LLD (Pretoria); firstname.lastname@example.com
** BA (Hons) (Ghana), MPhil (Multidisciplinary Human Rights) (Pretoria); email@example.com
1 Assembly/AU/Dec.483.(XXI).
2 Eg, Inter-American Commission on Human Rights: 3 out of 7 commissioners http://www.oas.org/en/iachr/mandate/composition.asp;Human Rights Committee: 4 out of 18 members http://www.ohchr.org/EN/HRBodies/CCPR/Pages/Membership.aspx; Committee against Torture: 2 out of 10 members http://www.ohchr.org/EN/HRBodies/CAT/Pages/ Membership.aspx; UN Committee on the Rights of Persons with Disabilities: 7 out of 18 members http://www.ohchr.org/EN/HRBodies/CRPD/Pages/Membership.aspx (accessed 3 April 2014).
3 Final Communiqué of the 54th ordinary session of the African Commission on Human and Peoples' Rights, para 16.
4 F Viljoen International human rights law in Africa (2012) 290.
5 11th extraordinary session, Banjul, The Gambia, 21 February to 1 March 2012; 51st ordinary session, Banjul, The Gambia, 18 April to 2 May 2012; 12th extraordinary session, Algiers, Algeria, 30 July to 4 August 2012; 52nd ordinary session, Yamoussoukro, Cöte d'Ivoire, 9-22 October 2012; 13th extraordinary session 18-25 February 2013; 53rd ordinary session, Banjul, The Gambia, 9-22 April 2013; 14th extraordinary session, Nairobi, Kenya, 20-24 July 2013; 54th ordinary session, Banjul, The Gambia, 22 October to 5 November 2013. See http://www.achpr.org/sessions (accessed 3 April 2014).
6 See eg Decision on the 34th Activity Report of the African Commission on Human and Peoples' Rights Doc EX.CL/796(XXIII) para 8.
7 35th Activity Report of the African Commission para 30.
8 M Killander & A Abebe 'Human rights developments in the African Union during 2010 and 2011' (2012) 12 African Human Rights Law Journal 201.
9 35th Activity Report of the African Commission para 31.
10 Art 64 African Charter; art 27(1) African Women's Protocol.
11 http://www.achpr.org/sessions/51st/info/communique51/ (accessed 3 April 2014).
12 Comoros, Djibouti, Equatorial Guinea, Eritrea, Guinea-Bissau, Sao Tomé and Principe and Somalia. The African Commission does not yet view South Sudan as being bound by the African Charter. 35th Activity Report of the African Commission on Human and Peoples' Rights para 17.
13 Art 26 of the African Women's Protocol obliges all state parties to 'indicate the legislative and other measures undertaken for the realisation of the rights' of women when submitting their periodic reports in accordance with art 62 of the African Charter. Although other state parties to the Protocol have failed to comply with this provision, Malawi in its 1995-2013 periodic report dedicated 45 pages to the Protocol. See Malawi (1995-2013) 'Report to the African Commission on Human and Peoples' Rights' http://www.achpr.org/files/sessions/55th/state-reports/1-19952013/initial_report_combined_1995_2013_eng.pdf (accessed 1 April 2014).
14 Adopted at the 52nd ordinary session, October 2012.
15 Adopted at the 53rd ordinary session, April 2013.
16 As above.
17 Adopted at the 54th ordinary session, November 2013.
18 As above.
19 As above.
20 Resolution Calling on the Republic of Kenya to Implement the Endorois Decision, adopted at the 54th ordinary session, November 2013.
21 See eg African Commission on Human and Peoples' Rights, Report of the Joint Human Rights Promotion Mission to the Republic of Chad, 11-19 March 2013, http://www.achpr.org/files/sessions/54th/mission-reports/chad-promo-2014/misrep_promo_chad_2013_eng.pdf (accessed 3 April 2014).
22 http://www.achpr.org/states/mauritania/missions/promotion_mission-2012/ (accessed 3 April 2014).
23 http://www.achpr.org/states/central-african-republic/missions/promo-2012/ (accessed 3 April 2014).
24 http://www.achpr.org/states/togo/missions/promo-2012/ (accessed 3 April 2014).
25 http://www.achpr.org/states/lesotho/missions/promo-2012/ (accessed 3 April 2014).
26 http://www.achpr.org/states/cameroon/missions/cameroon-promo-2012/ (accessed 3 April 2014).
27 http://www.achpr.org/states/chad/missions/chad-promo-2014/ (accessed 3 April 2014).
28 Report of the fact-finding mission to the Sahrawi Arab Democratic Republic, 24-28 September 2012, http://www.achpr.org/states/sahrawi-arab-democratic-republic/missions/promotion_mission-2012/ (accessed 3 April 2014).
29 For a discussion of the situation, see B Nkrumah & F Viljoen 'Lessons from ECOWAS for the implementation of article 4(h)' in D Kuwali & F Viljoen (eds) Africa and the responsibility to protect: Article 4(h) of the African Union Constitutive Act (201 3) 261.
30 35th Activity Report para 32.
31 These cases are covered here as they had not been published at the time of the previous overview of the case law of the Commission. See Killander & Abebe (n 9 above) 199.
32 Para 6.
33 Para 11.
34 Para 20.
35 Paras 22 & 49.
36 Art 16 African Charter; para 259.
37 Para 275.
38 http://www.achpr.org/files/sessions/10th-eo/comunications/277_._03/achpreos10_277_03_eng.pdf (accessed 3 April 2014).
39 Interights & Others (on behalf of Bosch) v Botswana (2003) AHRLR 55 (ACHPR 2003).
40 Para 138.
41 Para 84.
42 Para 206.
43 This case has not been published by the Commission on its website but is included in the African Human Rights case law analyser, http://caselaw.ihrda.org/doc/288.04/ (accessed 3 March 2014). [ Links ]
44 Para 194.
45 Para 3.
46 Para 39.
47 Para 78.
48 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71656?oid=351130&sn=Detail&pid=71656 (accessed 3 April 2014). [ Links ]
49 See EX.CL/Dec.804(XXIV).
50 See Application 006/2012, African Commission v Kenya.
51 Para 49.
52 Para 68.
53 Para 240.
54 Para 137.
55 Para 140.
56 Para 207.
57 427/12, SERAP v Nigeria; 428/12, Isaak v Eritrea; 429/12, The Ngambela of Barotseland & Others v Zambia; 430/12, Shumba & Others v Zimbabwe; 431/12, Kwayelo v Uganda; 432/12, Ngoge v Kenya; 433/12, Bialufu Ngandu Albert v Democratic Republic of the Congo; 434/1 2, Filimao Pedro Tivane v Mozambique; 435/12, Asemie v Lesotho; 436/12, Union Nationale v Gabon; 437/12, Ngoge v Kenya; 438/12, Peter Odiwuor Ngoge v Kenya.
58 MT Kamminga 'State succession in respect of human rights treaties' (1996) 7 European journal of International Law 481-482.
59 'NGOs urge South Sudan to ratify African Charter' 15 April 2014, http://talkofsudan.com/ngos-urge-south-sudan-to-ratify-african-charter/ (accessed 29 April 2014). See also http://www.radiomiraya.org/news-202/south-sudan/12299-parliament-ratifies-african-charter-on-rights,-workers-bill.html#gsc.tab=0 (accessed 3 March 2014). [ Links ]
60 339/07, Okiring and Aguipo v Uganda; 387/2010, Yamgnane v Togo.
61 386/10, Redress v Sudan.
62 270/03, Access to justice v Nigeria.
63 Para 67.
64 Para 77.
65 355/08, Ezzat and Enayet v Egypt.
66 290/04, Open Society justice Initiative v Cameroon; 336/07, Aftrademop and Global Welfare v Cameroon; 321/06, Law Society of Zimbabwe v Zimbabwe; 407/11, Margayan and Sargsyan v Kenya.
67 439/12, Ngoge v Kenya; 441/12, Ngoge v Kenya; 442/12, Ngoge v Kenya; 443/13, Issa v Sudan; 421/12, Khadafi v Libya; 447/1 3, Oun v Libya; 448/1 3, Daou v Libya; 449/1 3, Khadafi v Libya.
68 440/12, Ngoge v Kenya.
69 385/10, ICj-Kenya v Kenya.
70 Centre for Minority Rights Development and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya.
71 302/05, Mamboleo v Democratic Republic of Congo; 335/07, Dabalorivhuwa Patriotic Front v South Africa.
72 Para 2.
73 Para 117.
74 Para 119.
75 444/1 3, Masuku v Swaziland; 445/1 3, Human Rights Council & Others v Ethiopia; 446/13, Williams & Others v Zimbabwe; 451/13-452/13, Obi & Others v Nigeria; 452/1 3, Askouri and Nasr v Sudan.
76 426/12, Uwimana-Nkusi and Mukakibibi v Rwanda; 419/12, The indigenous peoples of the lower Omo v Ethiopia; 389/10, Mbiankeu v Cameroon; 392/10, Muhayeyezu v Rwanda; 408/11, Ushiye v DRC; 370/09, Social and Economic Rights Action Centre v Nigeria.
77 41 3/12, Mendes v Angola.
78 259/02, Groupe de Travail sur les dossiers judiciaires stratégiques v DRC; 320/06, Mamboundou v Gabon.
79 Para 17.
80 453/13 Rasolovoahangy v Madagascar; 454/13, Ningo v Cameroon; 455/13, Mohamed v Ethiopia; 456/13, Uko v South Africa; 458/13, Ngoge v Kenya; 459/13, Hurman v Mauritius.
81 457/13, Mwandi v DRC.
82 354/07, Al-Shatir & Others v Egypt; 398/11, IHRDA and Congolese Human Rights Observatory v Congo; 401/11, Abdallah v Sudan; 424/12, Mahmoud and Abdel-Rahman v Egypt.
83 274/03 & 282/03, Interights & Others v DRC; 328/06, Front for the Liberation of the State of Cabinda v Angola; 368/09, Radi & Others v Sudan; 409/12, Tembani and Freeth v Zimbabwe & 13 Others.
84 W Spies & B Freeth 'ACHPR unable to intervene over SADC Tribunal - AfriForum' http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/twitter.com/page71654?oid=559617&sn=Detail&pid=71654 (accessed 23 March 2014).
85 The African Commission's decision in the case is discussed above under the December 2011 session.
86 Assembly/AU/ /Dec.416-449(XIX) 40.
87 Decision on the election of one judge of the African Court on Human and Peoples' Rights, EX.CL/Dec.763(XXII).
88 http://www.fhr.org.za/latest_news/fhrs-preferred-candidate-justice-bernard-ngoepe-both-vice-pr/ (accessed 3 April 2014).
89 African Court on Human and Peoples' Rights 'Cases and decisions' http://www.african-court.org/en/index.php/2012-03-04-06-06-00/all-cases-and-decisions (accessed 3 April 2014).
90 001/2011, Femi Falana v African Union, judgment of 26 June 2012.
91 001 /2013, Mtingwi v Malawi, judgment of 15 March 2013.
92 009 & 011/2011 Tanganyika Law Society and The Legal and Human Rights Centre and Reverend Christopher Mtikila v Tanzania, judgment of 4 June 2012.
93 See Killander & Abebe (n 9 above) 215.
94 004/2011, African Commission on Human and Peoples' Rights v Libya, order of 15 March 2013.
95 002/2013, African Commission on Human and Peoples' Rights v Libya, order of provisional measures, 15 March 2013, para 18.
96 http://www.africancourt.org/en/images/documents/Reports/AFCHPR_Interim_Report__Non_compliance_by_a_State__-_Libya.pdf (accessed 10 March 2014) 3.
97 006/2012, African Commission on Human and Peoples' Rights v Kenya, order of provisional measures, 15 March 2013.
98 Provisional measures order, 4 October 2013.
99 Request for advisory opinion 001/2012 by Socio-Economic Rights & Accountability Project, order of 15 March 2013.
100 Demande d'avis consultative 001/2011 par la République du Mali, ordonnance, 30 March 2012.
101 Draft Programme of Work, http://acerwc.org/wp-content/uploads/2013/11/Program-of-Work-22nd-ACERWC-Session-2013-English.pdf 2 (accessed 10 March 2014).
102 K Ngankam 'Press statement of the 420th meeting of the PSC on the Rights and Welfare of the Child (ACERWC)' http://acerwc.org/ (accessed 10 March 2014).
103 See art 43 of the African Children's Charter.
104 http://acerwc.org/member-states/state-reports/initial-reports/ (accessed 10 March 2014).
106 See ch 2(1)(2) of the Guidelines for the Consideration of Communications provided for under art 44 of the African Charter on the Rights and Welfare of the Child, ACERWC/8/4.
107 Arts 6(2), (3) & (4); arts 3, 14(2), (b), (c) & (g) & 11 (3) African Children's Charter.
108 D Rachuonyo 'Nubians in Kenya: A people denied' http://thinkafricapress.com/kenya/people-denied-nubians-kibera (accessed 10 March 2014).
109 Algeria, Benin, Burkina Faso, Ethiopia, Ghana, Kenya, Lesotho, Mali, Mauritius, Nigeria, Rwanda, Sao Tomé and Principe, Sierra Leone, South Africa, Tanzania, Uganda and Zambia.
110 Communiqué issued at the end of the 18th summit of the Committee of Heads of State and Government participating in the African Peer Review Mechanism (APR Forum) http://aprm-au.org/sites/default/files/18TH%20APR%20FORUM%20-%20COMMUNIQUE_1.pdf (accessed 10 March 2014).
111 African Peer Review Mechanism, The United Republic of Tanzania, country review report 17, January 2013, http://aprmtoolkit.saiia.org.za/tanzania (accessed 10 March 2014).
112 See Killander & Abebe (n 9 above).
113 Communiqué issued at the end of the 20th summit of the Committee of Heads of State and Government participating in the African Peer Review Mechanism (APR Forum) para 29.
114 Decision on the election of the commissioners of the African Union, EX.CL/ Dec.725XXI).
115 On the proposed Protocol, see J Biegon & M Killander 'Human rights developments in the African Union during 2009' (2010) 10 African Human Rights Law Journal 212 231; Killander & Abebe (n 9 above) 221.
116 See Exp/Min/IV/Rev.7.
117 Decision on the Protocol on amendments to the Protocol on the Statute of the African Court of Justice and Human Rights, Doc EX.CL/741(XXI)a, EX.CL/Dec 706(XXI).
118 Decision on the Draft Protocol on the Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights, EX.CL/Dec.766(XXII).
119 Decision on the African Union model national law on universal jurisdiction over international crimes, Doc EX.CL/731(XXI)c, EX.CL/Dec.708(XXI).


text:
Yet Another Kindle Competitor: Here's "Alex," Powered by Google's Android
It's e-reader preview week, apparently. Last night, Plastic Logic formally named its would-be Kindle killer; tomorrow, Barnes & Noble is supposed to show off its own branded device. This morning's entrant: Spring Design, which says it has produced a reader that boasts two screens and an operating system that runs on Google's Android.
Before I get to the supposed details on this one, though, some big chunks of salt you should consume while reading: It's hard to take Spring all that seriously at this point given that it doesn't appear to have any track record creating mass market consumer electronics. Or much of a record at all, really.
Spring's press release says the company was founded in 2006 and that it "delivers innovative e-reader solutions and products to the e-book market," but aside from that release and a bare-bones Web site, Spring Design has next to no footprint, at least on the Internet.
LinkedIn says CEO Priscilla Lu started running the company in July; it also says she is still running something called ViDeOnline, Inc., "a digital media network company." (LinkedIn also says Eric Kmiec is doing double duty, as VP of marketing at both firms). That's about it.
Which isn't to say that "Alex," the gadget Spring Design says it will release "later this year" for "selected strategic partners," doesn't look interesting. It's just that the e-reader/tablet wars won't just be about specs and features but about distribution and marketing, which are partly what have given Amazon (AMZN) a huge head start and what give heavyweights like Sony (SNE) and Barnes & Noble (BKS) a fighting chance. And, of course, Apple (AAPL), if it really does enter the fray.
So. For what it's worth: Alex is actually two gadgets in one–a conventional-looking black-and-white "reader" screen that sits atop a smaller full-color screen that runs a Web browser powered by Google's (GOOG) mobile operating system. That looks cool, as does the notion that the two screens are connected such that a hyperlink in the "reader" screen would synch up with information supplied by the Web browser.
Also for what it's worth: Alex looks similar, but not identical, to mock-ups we saw on Gizmodo last week. The gadget blog says it got its images and information via "a source within" Barnes & Noble, and that the book chain will show off the device to the public tomorrow.

subset: commoncrawl


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It is currently (2014-10-07) available as a public beta.
Quicklisp is developed by Zach Beane, and released under an MIT-style license.
- Blog - official news
- Google Group - discussion group for all things Quicklisp
- IRC: #quicklisp on Freenode
- Projects - list of projects for you to install
- Twitter: @quicklisp
- A small unofficial Quicklisp tutorial is available.
For a list of libraries that may be installed via Quicklisp, see the Quicklisp releases page.


text:
I hope that this will be the first of many blog postings about who I am researching and things that I find about my fathers family. Like most people that enjoy genealogy, I have an account on Ancestry.com and enjoy meeting my distant cousins. I am trying to limit my genealogy research to Sundays. It seems that once I start researching time flies by and I quickly use up hours and days.
I am currently narrowing and focusing my research to Benjamin Foss. Benjamin Foss was in the first United States Naval battle in the Revolutionary War in Machias, Maine. I believe that I am a descendant of Benjamin Foss. I am trying to locate birth and marriage records of my ancestors to prove this out. If you have any information that could help me, please share. It would be very appreciative.
Here is my line to Benjamin Foss:
- Benjamin Foss
- Benjamin Foss m Anna Miller
- Salome Foss m William Manchester
- James Manchester m Katherine Johnson
- Milton Manchester m Mertie Church
- Florence Manchester m Philmore Smith, Sr
- Philmore Smith, Jr m Deborah Crooker
The picture shown here is of William Manchester. William married the granddaughter of Benjamin Foss. We are very fortunate to have a copy of this photograph.
Each week I will take the time to post what my research turns up.
More to come…..


text:
If you're like us and were busy making last minute Halloween costumes take some time to catch up on last week's pretties before we roll out a whole new week of gorgeous-ness! We promise it'll be worth it!
Glitter, ribbon, and hand painted pumpkins popping up around every corner in this Lil" Pumpkin theme
An over-the-top glamorous "Pink - o- Ween" spread
Fall in Love with Halloween -- and the gorgeous fall, hearty meal and drool-worthy desserts
These DIY Bag o'Treats are perfect for any baby shower budget and are super easy to make
Step back in time with this 80's Prom Shower


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NEW YORK — A last will and testament for the reclusive copper heiress Huguette M. Clark was filed Wednesday afternoon in Surrogate's Court in New York City, leaving most of her $400 million fortune to charity — and $1 million to her financial advisers even as a criminal investigation of the handling of her money continues.
The nurse who took care of her for two decades will receive about $30 million after estate taxes. She had been randomly assigned by an agency to care for Clark in about 1991.Story: Heiress's nurse inherits $30 million — but should she?
Not a dime was left to Clark's relatives, who are likely to challenge the will in court. Nothing was left to anyone associated with Butte, the Montana mining town where her father made his first millions in copper mining. And nothing goes to the various Clark charities that her father had established for women and orphans.
Clark's will leaves $500,000 to her attorney, $500,000 to her accountant (despite his felony conviction and status as a registered sex offender), both of whom are the subject of a criminal inquiry related to their handling of her finances. The will also names the men as her co-executors, making them eligible to collect fees for handling her estate.
A criminal investigation continues, with the Manhattan district attorney looking into her financial affairs, which are handled by attorney Wallace "Wally" Bock, 79, and her accountant, Irving H. Kamsler, 64, who pleaded guilty in 2009 to a charge of attempting to send indecent materials to minors.
The will also sets up a foundation controlled by the attorney and accountant to hold most of her art collection, creating a museum in her 21,000-square-foot mansion called Bellosguardo, on a 24-acre oceanfront property in Santa Barbara, Calif., which she had not visited since her mother died in 1963. Most of the paintings from her Fifth Avenue apartment in New York will go to the new Bellosguardo Foundation, including works by Renoir, John Singer Sargent and William Merritt Chase. The attorney and accountant under investigation are two of the three board members, with the third being her California attorney.
Document: Read her last will and testament in this PDF file
Huguette Clark, the daughter of mining tycoon and U.S. Sen. William Andrews Clark (1839-1925), died May 24 at age 104 in New York City, in the hospital where she had lived under a fake name. She had lived in hospitals since the late 1980s, even when her health was good. ( Click here to read her obituary .)
Her charitable bequests amount to about 75 percent of her estate, after taxes.
Besides the new foundation, her will specifies these bequests: $100,000 to her physician, Dr. Henry Singman; $500,000 to assistant Christopher Sattler; two years' salary to the estate manager in California, John Douglas; one year's salary to the manager of her 52-acre estate in Connecticut, Anthony Ruggiero; and $25,000 to the manager of her 42-room apartments on Fifth Avenue, Martin Gonzalez. She then lists the $500,000 each to her attorney and accountant. The properties in New York City and Connecticut will be sold.
Beth Israel Medical Center in New York, where she lived in a simple hospital room for so many years, receives $1 million.
The Corcoran Gallery of Art in Washington, D.C., which already has much of her father's art collection, will receive one painting, a Monet from the "Water Lilies" series, which has not been seen by the public since 1925, the year her father died.
The remainder of the estate, roughly $100 million before taxes, is divided in this fashion:
- Sixty percent of the remainder goes to her longtime nurse, Hadassah Peri, who already received from Clark cash to buy four homes worth about $2 million. The nurse also gets Clark's extensive collection of French and Japanese dolls. This amount will be about $33 million after taxes.
- A goddaughter, Wanda Styka, gets 25 percent, or roughly $12 million after taxes. Her father, Polish painter Tade Styka, was supported by the Clarks.
- And 15 percent goes to the Bellosguardo Foundation, or roughly $8 million after taxes.
Nothing for relatives
Nothing is left to any relative.
"I intentionally make no provision in this my Last Will and Testament for any members of my family, whether on my paternal or maternal side, having had minimal contacts with them over the years," it said. "The persons and institutions named herein as beneficiaries of my Estate are the true objects of my bounty."
The will is dated April 2005, when she was 98 years old, about the time the attorney cut off contact between Clark and her relatives.
The will is likely to be contested, particularly because it names the attorney as a beneficiary, and because of the criminal investigation. New York ethics rules prohibit lawyers from soliciting gifts from clients "for the benefit of the lawyer or a person related to the lawyer."
If a court invalidated the will, Clark's estate would flow under state law to her nearest relatives, the 21 descendants from her father's first marriage.
Several of these relatives have said that they and their parents had close relations with Clark until about 2005, when the will was signed, but that her attorney then cut off contact, telling them not to contact her again.
Clark had no children, and her only relatives were half-great-nieces and half-great-nephews and others descended from her father's first marriage, and scattered descendants of her mother's siblings. The court documents identify 21 living descendants of her father's first marriage, and none from her mother. (Huguette Clark's mother, Anna, had two children. The older daughter died just before her 17th birthday.)
Full coverage: 'The Clarks, an American story of wealth, mystery and scandal'
No one has been charged with any crime in the handling of Clark's finances, and the men have said that they handled her accounts strictly according to her wishes, and were only following her desire for privacy by keeping relatives at a distance.
Accountant says conviction is no bar to being executor
Kamsler filed with the court a sworn statement arguing that he should be eligible to be appointed as executor, despite his felony conviction for attempting to distribute indecent materials to minors in an AOL chat room, where he went by the handle IRV1040 when he was talking to underage girls (who turned out to be police investigators).
"My conviction for attempted dissemination of indecent materials to minors," Kamsler argues to the probate court, "did not involve dishonesty or affect my ability or fitness to serve as fiduciary of an estate."
The court documents also included a 2009 letter in which Kamsler told Clark obliquely of his guilty plea. He characterized his arrest in his letter to his client this way: "I recently visited with you and explained my legal situation concerning my pleading guilty to a single felony charge involving the use of my computer to attempt to communicate with minors, who in fact were not minors but were undercover agents." His letter was signed by "H.M. Clark" to indicate her willingness that he continue as one of her executors and trustees. Bock and Kamsler have both declined to say whether they are also named as beneficiaries. (Read the document: Kamsler's letter signed by Huguette Clark.)
Kamsler's letter didn't mention that he was indicted on five charges, or that he was charged with trying to disseminate indecent material to people who he thought were 13-year-old and 15-year-old girls, or that he tried to get the girls to engage in sexual acts and suggested they meet him in a "deserted road or park." (Read the document: Kamsler's criminal court file and investigator's report.)
On the day he pleaded guilty, in 2009, Kamsler received from the state judge a "certificate of relief from civil disabilities." The district attorney's office in Nassau County, on Long Island, did not object. Taking that information into account, the New York State Board of Education allowed Kamsler to keep his license as a certified public accountant.
A family fight
In September, three Clark family members went to court in New York , asking that a guardian be appointed to protect her. The relatives (her half-nieces and half-nephews, descendants of Clark's father from his first marriage) said they had been blocked from visiting Clark through the years and, citing news articles, they alleged that the attorney and accountant had exerted undue influence on her. (Read the document: the family's petition.)
The attorney, Bock, confirmed in court documents that after the terrorism attacks of Sept. 11, 2001, he had solicited a donation from Clark of more than $1.5 million, which she gave to a West Bank community where his daughter is a settler. Bock said that she gave the donation freely of her own accord.
Bock told the court he has safeguarded Clark's health, safety, welfare and privacy. He said she chose to live in the hospital, even when she was well. He denied controlling her affairs and access to her, saying he has merely carried out her wishes. "Ms. Clark has explicitly instructed me on many occasions that she does not want visitors and does not want anyone — including her relatives — to know where she resides," Bock wrote. (Read the document: Bock's sworn statement to the court.)
A state judge rejected the family petition , without a hearing, saying their claim was "insufficient in its hearsay, conclusory and speculative assertions" on the capacity of Clark to handle her affairs. The case presented something of a Catch-22: The judge said the relatives were not able to provide first-hand information about Clark to prove their allegations against the attorney and accountant, but the relatives said they had been prevented for many years by the attorney and accountant from visiting Clark. (Read the document: the judge's rulling.)
A life of fortune — to what advantage?
Huguette (pronounced "hue-GET") Marcelle Clark was born in Paris on June 9, 1906, the youngest child of U.S. Sen. William Andrews Clark of Montana, known as one of the copper kings. When she was a child, her father was described by The New York Times as either the richest or second-richest American, neck and neck with John D. Rockefeller. W.A. Clark made a fortune in copper mining in Montana and Arizona, and owned banks, railroads, newspapers, sugar, tea, timber, real estate and many other investments. He served one full term in the Senate as a Democrat from Montana, from 1901 to 1907, despite having to give up the seat earlier in 1900 in a scandal involving bribes paid to legislators to send him to the Senate. (The explanation attributed to him: "I never bought a man who wasn't for sale.") The 17th Amendment to the U.S. Constitution, which removed the election of senators from the hands of legislators and gave it to the people, is a backhanded tribute to his legacy.
While serving in the Senate in 1904, the 65-year-old widower shocked the political and financial world by announcing that he had secretly remarried three years earlier, and that he and his 26-year-old wife already had a 2-year-old daughter, Andrée. A second daughter, Huguette, was born in 1906. When Huguette was about 4, the family of four moved into a 121-room house at Fifth Avenue and 77th Street in New York City, stuffed with the senator's collection of French paintings.
The senator died in 1925 and soon was largely forgotten, except to the occasional question on Jeopardy! and to historians in Montana, Arizona and Nevada, where his railroad spawned the city of Las Vegas and where Clark County is named for him.
Huguette Clark grew up in high society in New York City and was educated at Miss Spence's School for Girls. When her father died, she received an allowance of $7,500 a month (about $1.2 million a year in today's dollars), and when she reached 21 she inherited one-fifth of her father's estate, an even split with his children from his first marriage. The entire estate was estimated at up to $300 million, or about $3.6 billion today.
She was married in 1928, at 22, to William Gower, a law student and Clark family employee. The couple soon separated, had no children, and divorced in less than two years, in the summer of 1930. Thereafter she lived with her mother, Anna, in the apartments at 907 Fifth Ave. (at 72nd Street), occasionally receiving family visitors and a few friends, until Anna died in 1963.
Empty mansions and financial questions
In February 2010, at age 103, Huguette Clark was the subject of a feature story on msnbc.com, a photo narrative of her life and family history. She caught the imagination of the public because her three opulent homes remained unoccupied: an estate alongside the Pacific Ocean in Santa Barbara, Calif., worth an estimated $100 million, which she had not visited since the 1950s; a country house in New Canaan, Conn., on the market for $23 million, which she expanded but never spent a night in; and the largest apartment on New York City's Fifth Avenue, actually 42 rooms on the eighth and 12th floors, valued at about $100 million.
Full coverage: 'The Clarks, an American story of wealth, mystery and scandal'
The homes have been carefully maintained through all these years. The oceanfront estate in Santa Barbara remains furnished, with paintings on the walls, gardens tended, furniture carefully covered, the great house ready to be opened if she should send word of an impending visit. The country house in Connecticut has had extensive repairs, watched by a full-time caretaker who said he wasn't sure whether Clark was dead or alive. And the apartments in New York, with her collections of dolls and dollhouses as well as fine paintings and furniture, are visited regularly by housekeepers and her attorney.
Then a feature story became an investigation. Msnbc.com reported in August that her wealth was managed by her attorney Bock and accountant Kamsler. Kamsler was arrested in 2007 and pleaded guilty in 2008 to attempting to distribute indecent material to 13- and 15-year-old girls in an AOL chat room.
Msnbc.com also reported that the attorney and accountant became the owners of the New York City apartment of another elderly client, a lawyer at Bock's firm who had been Clark's attorney. The apartment was bequeathed to them after the man's last will and testament was revised six times during his last years, a period when his family and neighbors said he suffered from dementia.
The Manhattan district attorney began investigating the handling of Clark's finances. The DA's Elder Abuse Unit and New York City police detectives have looked at allegations relating to transactions in her bank accounts, as well as the confidential sale of a Stradivarius violin for $6 million, the sale of a Renoir painting for $23.5 million, the gift of $10 million to the friend and social secretary, and the gift to her longtime nurse of cash to buy four homes now worth about $1.7 million.
The criminal investigation is being handled by the same prosecutor as the Brooke Astor case, in which the son and attorney of the New York heiress were convicted in 2009 of stealing from her. Huguette Clark's fortune is said to be about four times that of Astor's.
Related content for "The Clarks: An American story of wealth, scandal and mystery":
- All of msnbc.com's reports on Huguette Clark are gathered at clark.msnbc.com.
- The photo narrative from February on Huguette Clark and her empty mansions (on this page)
- A PDF file for printing the photos
- Notes and documents consulted in researching the Clark family story
- Part one of the investigative report: At 104, mysterious heiress is alone now
- Part two of the investigative report: Who is watching Huguette's millions?
- Family excluded from Huguette Clark burial
- Reclusive heiress Huguette Clark dies at 104
- Report sparks welfare check on reclusive heiress
- Copper heiress has signed a will, attorney says
- Family of copper heiress asks court to protect her
- Reclusive heiress's attorney lashes out at family
- Generosity of an heiress: homes for the nurse, gifts for attorney's family
- Investigated pair still controls heiress's wealth
- Huguette Clark, the reclusive copper heiress, dies at 104
Documents (PDF files)
- The last will and testament of Huguette Clark
- Family's petition seeking a guardian for Huguette Clark
- Attorney Bock's sworn statement to the court
- Judge's ruling rejecting the family's guardianship petition
- Kamsler letter informing Clark of his guilty plea
- Kamsler's criminal court file and investigator's report
© 2013 NBCNews.com Reprints


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Supercomputers will soon be one thousand times more powerful than they are today, and the UK has enlisted an IBM Blue Gene/Q to help develop software for the machines.
Five years from now supercomputers will be able to carrying out more than one billion billion calculations per second - and such blistering speed will require an overhaul of how we write software.
To help with this rethink, an IBM BlueGene/Q supercomputer is being installed at the newly formed International Centre of Excellence for Computational Science and Engineering in Daresbury in the UK. Its purpose: to help re-engineer software to run on computers packing millions of processor cores, many times more than the number of cores inside the fastest supercomputers available today.
The 98,304-core machine will have a peak performance of 1.26 petaflops - more than one million billion calculations per second - and will likely rank as one of the top 20 fastest machines in the world upon its completion in a couple of months.
Adrian Wander, a director at the Computational Science and Engineering department at the Daresbury lab, told TechRepublic that in five years time there is likely to be an exaflop system, on capable of carrying out at least one billion billion calculations per second.
The majority of existing software will not run on machines with millions of cores, due to the very different hardware architecture of such computers compared to existing x86 machines.
"There's a whole bunch of technical issues around the application software that we need to address now if we are going to have applications that will run on these systems in five years' time," he said.
"We're going to have millions of cores and a number of our algorithms just won't scale up to those kind of processor counts," Wander said, adding that challenges relating to core-to-core communication, limited memory per core and memory bandwidth need to be addressed.
"The Blue Gene/Q system is our test bed for doing this application development. It's going to give us very large core counts and enable us to address these scalability issues."
The jump in the number of cores means that sticking with existing x86 computer architecture is not an option for supercomputers of the future. For instance, the memory available to each core will need to be limited in order to keep power consumption within acceptable levels. Exaflop computers will likely have millions of cores, many times more than the fastest supercomputers available today, so devoting the same amount of power hungry memory to each core is not viable.
"Today the Blue Gene/Q has 16GB of memory per core, if we are going to 1GB or 0.5GB per core [in future machines] we're going to have to do a major redesign of the code," said Wander.
And unlike many of today's computer processors, the chips inside these future machines will likely pack in a far wider range of processing units than machines of today. Future CPUs are likely to include additional circuitry to aid processing, such as field programmable gate arrays. Software will also need to be rewritten to take advantage of the more diverse range of processing units inside the chips of the future.The server turns supercomputer
While enterprises are unlikely to build exaflop machines in the near future, the leap in the number of cores inside each server will give business access to formidable processing power.
"Each rack is going to be a petaflop or a few petaflops," said Wander. "That means that the local servers that companies put in, which are typically a few racks, are going to be the equivalent of the most powerful supercomputers in the world right now."
The jump in processing power available to business will likely prove invaluable in weeding out useful insights from deluge of data predicted to swamp enterprise in the near future, with IDC forecasting a 50-fold increase in the amount of information generated by 2020.
The downside of this shift to servers packing highly concentrated clusters of processor cores is that most existing enterprise software will also need to be re-engineered to run on hardware architectures very different to what exists today.
The lab at Daresbury is working with hardware companies - such as IBM, Intel, graphics card manufacturer Nvidia, scalable storage specialist DataDirect Networks (DDN) and others - and with as yet unnamed software makers to help develop code to suit these new computer architectures.
"These activities require scales of resources that are beyond the ISVs [software suppliers], so that's why we've established this centre," Wander said.
Running alongside the Blue Gene/Q machine in conducting the research into scalable software will be a 8,192-core, 196 teraflop iDataplex system, backed by a 7.2PB DDN storage array. The three year research project is being funded by £37.5m of government grants.
The lab is also developing and offers software platforms - portals, workbenches and workflow engines - to make it easier for industry to use of high performance computers, which today are predominantly used for running simulations in scientific and military research.
"People see it as being hard to learn the skills necessary to make their software run on high performance computer systems, and one of our aims is to start making it easy," said Wander.


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PHILADELPHIA (AP) — Philadelphia Eagles coach Andy Reid says Michael Vick suffered a "pretty significant' concussion and told the quarterback to stay home Monday and rest. Reid says he could not immediately rule out Vick for Sunday's game at Washington. Reid, though, made it sound likely that rookie Nick Foles will get the start. Foles will take the first-team snaps when the Eagles return to practice on Wednesday. Foles was 22 of 32 for 219 yards with a touchdown and an interception after taking over for Vick in the second quarter of Philadelphia's loss to Dallas on Sunday. Reid says Vick complained of a headache and fatigue on Monday. Reid says Vick is still the starting QB but left the door open for Foles to win the job.
Copyright 2012 The Associated Press.


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Last week I wrote about one of the benefits of financial planning—managing client expectations when the markets are out performing. This week, I'd like to stay with the topic and discuss a slightly out-of-the-box idea that I have been developing for a few years. Let me explain.
Financial Planning = Risk Management
I believe the concept of financial planning is rooted in risk management. In other words, the primary purpose of a financial plan is to assess an individual's situation and identify areas where the potential for loss exists. With this as a backdrop, I'd like to introduce you to what I call, "The Five Categories of Risk."
In my estimation, with the exception of a few outliers, every potential problem that we could encounter falls under one of five risk categories. They are:
1) Premature Death
2) Living Too Long (Extended Life)
3) Unfavorable Lifestyle Change
4) Loss of Important Data
5) Identity Theft
As mentioned, outside of a few outliers, every problem our clients may face which could have a negative financial impact will fall under one of these categories.
Over the past few years I have developed a series of supporting questionnaires to help determine an individual's exposure to these risk categories and their respective subcategories. However, due to the proprietary nature of this, I will keep our discussion at a high level for now. Here's an example.
Risk 1: Premature Death
Although this concept is not new, and in fact the life insurance industry has been the purveyor of answers to this risk for years, what would be the effect on the survivors if the chief bread-winner were to die suddenly? Moreover, what factors might lend insight to this possibility? Although no one can say with certainty if a particular individual is going to die prematurely, we can look at lifestyle, environmental and genetic factors to surmise if the risk is elevated.
For instance, there are certain high-risk occupations that result in a lower life expectancy than that of the population at large. If we have a client in such a vocation, we should be acutely aware, better yet, make the client aware of this potential and plan accordingly. Although this is a very obvious risk, some of the other categories delve into risks which are far less obvious.
This is just one sub-categorical risk in one of the five main categories. In total, there are numerous such risks which should be addressed, and I believe financial planning provides the best option for such an analysis. Even though the example noted here is a very basic, obvious risk, I hope it provides some insight into this potential new approach to financial planning. If you would take a moment, I'd love to get your thoughts. However, I realize this brief post may not provide enough data to render a meaningful commentary. That said, any views would be appreciated.
Thanks for reading and have a great week!


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Sunday, January 18, 2009
Celebrate the Inauguration with Iconic Posters
10 comments:
- Le French Cuistot said...
Hi mate,
I was looking to update my link because I have just changed my website name.
Could you update the link Le French Cuistot using the following url : http://www.recette-en-video.com
Thanks a lot, cya
Le French Cuistot
Recette de cuisine facile en video
- January 18, 2009 at 10:39 AM
- Chef John said...
Sure, no problem, I just changed it. But, come on, you come to an American's blog who just did cassoulet and you left without ripping it! ;-)
- January 18, 2009 at 12:47 PM
Hot dogs?
- January 18, 2009 at 2:24 PM
- Chef John said...
"Hope" was taken.
- January 18, 2009 at 2:28 PM
Great pictures chef john!
About "hope"...here's a great point of view (which I coincidentally, happen to share) exposed by Pr. Chomsky which you might like (or not) to allow on your blog since it can also be read as a humorous statement of people's despair:
"Obama's handlers, the campaign managers, have created an image that is essentially a blank slate. In the Obama campaign the words are hope, change, unity – totally vacuous slogans said by a nice person, who looks good and talks nicely – what commentators call 'soaring rhetoric' – and you can write anything you like on that blank slate." Furthermore, "support for Obama is a popular phenomenon," which "reflects the alienation of the population from the institutions. People are grasping at a straw: here's a possibility that maybe somebody will stand up for what they want."
He continues: "[T]he Obama phenomenon, I think, reflects the alienation of the population that you find in the polls: 80% say the country is run by a few big interests. While Obama says we are going to change that, there's no indication of what the change is going to be. In fact, the financial institutions, which are his major contributors, think he's fine, so there's no indication of any change. But if you say "change," people will grasp at it; you say "change" and "hope," and people will grasp at this and say, OK, maybe this is the savior who will bring about what we want, even though there is no evidence for it. ... So I think the Obama phenomenon and people's alienation go hand in hand."
And as always, Bon appetit!
- January 18, 2009 at 5:39 PM
- Chef John said...
i like hot dogs
- January 18, 2009 at 6:04 PM
- Charlemange said...
That site isn't working for me. It just keep going back to the home page >:(
- January 18, 2009 at 10:24 PM
- Chef John said...
It took me a few days to get in. I think they are overloaded.
- January 19, 2009 at 12:00 AM
I really like these pictures, especially the Cookin' and Nigella ones. :)
- January 20, 2009 at 3:52 AM
- S/V Blondie-Dog said...
I still like the HOPE poster the best... not that it has anything to do with cooking.
- January 18, 2012 at 4:41 PM


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Then, I used a led resistor calculator (the parallel calculator, since I suppose the LEDs of my display are mounted parallel)... which tell me that I need a resistor of 1 Ohm (AKA: I don't even need a resistor), when the input voltage is the same as the forward voltage of the LED, and doesn't matter how much current I enter as the "desired LED current".
since it will drop voltage even more so the LEDs won't be at full brightness?
I will do what dhenry said in his last post, and use PWM's max value instead of trying to limit it.
the voltage across an LED also depends on it's current, but not linearly as with a resistor.
I've used 2 diodes 1n4007 insthead the resistor ( series ) and it works great.
Once again: if you to try to design a circuit to drive an LED with some specific voltage you are doomed to failure.
The current consumption respectively 86-105-118 mA.
Contrary to conventional "wisdom", high power LEDs behave far more like a resistor than a diode.
Is that what we are talking about here?
I would think that any LED backlight that is being driven by an output pin of the Arduino would be classified as low power, and it would behave much like any diode, not like a resistor.
Myself and other contributors such as Grumpy Mike and Liudr have, for several years, been giving advice on why this reasoning is incorrect an why they always need current limiting, usually in the form of a series current limiting resistor, when driving an LED.
Keep in mind that the target audience for the Arduino is not someone with an Engineering background...
The bottom line is one can mess around with PWM, diodes, or some combination, but one should still use a series current limiting resistor with their LED.


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The seventh annual Pink Tie Ball benefiting Susan G. Komen – Louisville Affiliate took place Saturday, September 10, 2011 at the Marriott Downtown Louisville. It was an amazing evening for all who attended the Pink Tie Ball and Pink Lounge. From survivors and their families to supporters, the celebration was just another reminder of how precious life truly is. The event presenting sponsor was ICAP Energy.
The proceeds benefit Susan G. Komen for the Cure – Louisville Affiliate. Susan G. Komen's promise is to save lives and end breast cancer forever by empowering people, ensuring quality care for all and energizing science to find the cures. Started by Nancy G. Brinker when she promised her dying sister Susan G. Komen, she would do everything in her power to end breast cancer forever. In 1982, that promise turned into Susan G. Komen for the Cure and launched the global breast cancer movement.
Komen Louisville Affiliate founded in 1999, has steadily grown since. The Affiliate's proudly contributed over $3.5 million dollars to community breast health education, screening, and treatment programs and over $1.3 million dollars to breast cancer research. In 2011 they added 7 additional counties to the already existing 8 county service area, bringing their service area to 15 counties.
All in attendance had a great evening; there were smiles all around and dancing to the great sounds from Burning Las Vegas; a Nashville funk, rock, rhythm and blues soul band. After an opening from the Mayor, emcee Claudia Coffey and the Event Chair Sarah Mitchell, the live auction took place with great lifetime experience packages from local businesses and prominent community figures.
Countless local and national businesses also donated to the Premier Pink Silent Auction and the Pink Lounge Raffle. It was without a doubt an amazing showing of support through their generous donations that were being bid on by so many attendees.
Extraordinary Events President Lisa Cofer, co-founded the Komen Louisville Pink Tie Ball in 2005 as a Board member and volunteer. Since 2009 she has led the efforts of the Volunteer Executive Committee to produce and execute the Pink Tie Ball. Bailey Bundy Hoard is a an event coordinator for Cofer's company and both ladies contribute much to the event; before, during and after.
The Executive Committee had several local women and men who donated so much of their time, energy and efforts to assist with the efforts; Sarah Ritter Mitchell, Allison Gibson, Lisa Bonick, Chris Martinez, myself, Yvonne Lindsey, Candy Thompson, Jacqueline Buckler, Marcus Warren, Carla Kiser, Sarah Hughes Barker, Angela Snyder and last but not least Megan Vogt.
Sponsors helped to make this event possible; ICAP Energy, Kroger, Norton Cancer Institute, UofL Health Care / James Graham Brown Cancer Certer, Macy's, Bonnie Bizer, Commonwealth Bank & Trust, Mattress & More, Perdue, Cellarworks, Southern Wine & Spirits, The Event Company, Wildflowers, Women's Diagnostic Center, Bella Bridesmaids, Wells Fargo Advisors – The Barnes Group, Carmen's Cupcakes, Wiltshire Pantry, COIT, CurrentMarketing, Louisville.com and Louisville Magazine.
Circle of Hope Sponsors: Anthem National Accounts, BankersOnline.com, Baptist Hospital East, Brooksource, Contagious Advertising, Extraordinary Events, Fastline Publications, GE Appliances and Lighting, Jewish Hospital and St. Mary's Health Care, J.Hagan Warren & Associates, Kindred Healthcare, Inc., LG&E, Louisville Marriott Downtown, Merrill Lynch, Owley Brown Frazier Cancer Center, PNC Wealth Management, PPG Porter Paint, Thorntons, Thybar and Women's Diagnostic Center.
Photographs by Louisville.com Photographer Anthony Raspberry.
Special thanks to Sunny Daize Boutique for dressing me in another fabulous dress.


text:
July 12, 2012 Christian Niese was diagnosed with Stage 3 childhood kidney Cancer known as Wilm's Tumor. July 20, 2012 Christian under went surgery to remove the tumor and his left kidney. The week of Ju-ly 30, 2012 Christian began chemo and radiation therapy. Christian only needed 6 radiation treatments, which are now complete. Chemo is expected to last approximately 6 months.
A lot of items will be up for auction but here is a list of sports items.
OSU football signed by Urban meyer
Notre Dame football signed by Coach Kelly
Autographed Dick Vitale basketball
Autographed pic of Adrien Peterson of Vikings
Autographed playbook of Johan Franzen of Detroit Red Wings
2 tickets to Dec. 8th Buckeyes mens basketball game (Long Beach)
2 tickets to Sept. 21, 2013 Buckeyes game
4 tickets to Cinc. Reds game
2 Toledo Mudhens tickets
Komets tickets
Cinc. Reds cooler
Team pic, autographed by Tyron Smith of Dallas Cowboys
Live auction by Marty Schroeder
will begins at 5 PM
Soup and sandwich meal
December 1st, 3-9PM
MillerCity Sportsmen Club
Miller City, Ohio
Bake Sale
50/50 raffle
Kids Games
Money Wheel
For more information contact:
visit websites:
Benefit With Sports Items Up For Auction
Started by UGAdawg, Nov 28 2012 09:43 AMDecember 1st Miler City
1 reply to this topic
Posted 28 November 2012 - 09:43 AM
Proud Dad to Wildfire, 18 year old girl's BMX Champion and member of Team USA
IPFW Basketball, University of Findlay Basketball, Van Wert High School Basketball and the Ft Wayne Mad Ants (Oakwood Bobcats 1884-1971)
IPFW Basketball, University of Findlay Basketball, Van Wert High School Basketball and the Ft Wayne Mad Ants (Oakwood Bobcats 1884-1971)
Posted 02 December 2012 - 10:32 AM
Dawg, I could not make this last night, but curious how it went. Hope a lot of money was raised for this young man and his fgamily to cover expenses..
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Metallic Silver Shredded Tissue Paper - 42 Grams
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Please note that all sizes are approximate | Colours are for illustrative purposes only therefore if you require an exact colour please ask for a sample
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