Bemba et al. case: Trial Chamber VII issues sentences for five convicted persons

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Judges of Trial Chamber VII delivering their decision on the sentencing in the Bemba et al. case during a public hearing held in ICC Courtroom 1 on 22 March 2017 ©ICC-CPI.  On 22 March 2017, Trial Chamber VII of the International Criminal Court (ICC) delivered its decision on sentencing in the case of The Prosecutor v. Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu and Narcisse Arido at a public hearing held at the seat of the Court in The Hague, The Netherlands, in the presence of the convicted persons. The Prosecution and the Defence may appeal the decision on sentence within 30 days. On 19 October 2016, Trial Chamber VII found Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu and Narcisse Arido guilty of various offences against the administration of justice. These offences related to the false testimonies of defence witnesses in another case against Mr Bemba before the ICC. Trial Chamber VII is composed of Judge Bertram Schmitt, Presiding Judge, Judge Marc Perrin de Brichambaut and Judge Raul Pangalangan. Imposed penalties: Jean-Pierre Bemba Gombo was sentenced in total to one additional year imprisonment. No deduction of time previously spent in detention was ordered, mainly, since the time to be considered had already been deducted by Trial Chamber III in the case of The Prosecutor v. Jean-Pierre Bemba Gombo (‘Main Case’). The Chamber ordered that the sentence be served consecutively to Mr Bemba’s existing sentence in the Main Case. In addition, the Chamber fined Mr Bemba EUR 300,000, to be paid to the Court within 3 months of its decision and thereafter transferred to the Trust Fund for Victims. In an opinion, Judge Pangalangan concurred in the result of one additional year of imprisonment but wrote separately on: (i) giving Mr Bemba full sentencing credit for his detention in this case and (ii) the proportionality of Mr Bemba’s sentence. Aimé Kilolo Musamba was sentenced in total to 2 years and 6 months’ imprisonment. The time Mr Kilolo previously spent in detention was deducted, namely since his arrest on 23 November 2013, pursuant to a warrant of arrest issued by Pre-Trial Chamber II on 20 November 2013, until 22 October 2014, the day Mr Kilolo was released provisionally. The Chamber ordered the suspension of the operation of the remaining term of imprisonment for a period of 3 years so that the sentence shall not take effect (i) if Mr Kilolo pays the fine, as imposed by the Chamber; and (ii) unless during that period Mr Kilolo commits another offence anywhere that is punishable with imprisonment, including offences against the administration of justice. In addition, the Chamber fined Mr Kilolo EUR 30,000 which must be paid to the Court within 3 months of its decision and thereafter transferred to the Trust Fund for Victims. Jean-Jacques Mangenda Kabongo was sentenced in total to 2 years’ imprisonment. The time Mr Mangenda spent previously in detention was deducted, namely since his arrest on 23 November 2013, pursuant to a warrant of arrest issued by Pre-Trial Chamber II on 20 November 2013, until 31 October 2014, the day Mr Mangenda was released provisionally. The Chamber ordered the suspension of the operation of the remaining term of imprisonment for a period of 3 years so that the sentence shall not take effect unless during that period Mr Mangenda commits another offence anywhere that is punishable with imprisonment, including offences against the administration of justice. Narcisse Arido was sentenced in total to 11 months’ imprisonment. The time Mr Arido spent previously in detention was deducted, namely since his arrest on 23 November 2013, pursuant to a warrant of arrest issued by Pre-Trial Chamber II on 20 November 2013, until 22 October 2014, the day Mr Arido was released provisionally. Since the imposed sentence is equivalent to the credit to be applied for the period of time Mr Arido has been in custody, the Chamber considered the sentence of imprisonment as served. Fidèle Babala Wandu was sentenced in total to 6 months’ imprisonment. The time Mr Babala spent previously in detention was deducted, namely since his arrest on 24 November 2013, pursuant to a warrant of arrest issued by Pre-Trial Chamber II on 20 November 2013, until 23 October 2014, the day Mr Babala was released provisionally. Since the imposed sentence is less than the credit to be applied for the period of time Mr Babala has been in custody, the Chamber considered the sentence of imprisonment as served. Relevant factors and determination of the sentence: The Chamber identified all relevant factors for each convicted person, namely the gravity of the offences and his individual circumstances. It also considered mitigating and aggravating circumstances, as the case may be. In addition, the convicted persons’ individual circumstances, such as their good behaviour throughout the trial, co-operation with the Court, family circumstances, absence of prior convictions and other personal circumstances were taken into account. Upon identification of the relevant factors, the Chamber then weighed and balanced all factors in order to determine the appropriate sentence. Thus, in its decision, the Chamber considered (1) the gravity of the offences that were the basis for conviction of the person concerned; (2) the culpable conduct of the convicted person concerned; and (3) the individual circumstances of the convicted person concerned. The Chamber enjoys considerable discretion in determining an appropriate sentence. However, in so doing, it is guided by two considerations: (1) the sentence must reflect the culpability of the convicted person; and (2) the sentence must be proportionate to the offences. Both these considerations make clear that the sentence must be individualised for each convicted person.  Decision on Sentence pursuant to Article 76 of the Statute Questions and Answers about the sentence: English; Français    

Mechanism welcomes Judges’ Assistants from the Tanzanian Judiciary

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Arusha, 21 March 2017 -The Mechanism for International Criminal Tribunals (“MICT” or “Mechanism”) received a delegation of Judges’ Assistants from the Judiciary of the United Republic of Tanzania at the Mechanism’s Arusha Branch premises on Friday, 17 March 2017. The visit was part of a 3-day training programme on the drafting of legal documents and legal research facilitated by JEYAX Development and Training, a non-governmental institution.  Representatives of the Mechanism’s President, Prosecutor and Registrar welcomed the Judges’ Assistants and briefed the delegation on the mandates and functions of the Mechanism and the roles and responsibilities of their respective organs, in order to give the participants a full understanding of the work of the Mechanism mandated by the UN Security Council. The visit also gave the attendees the opportunity to pose diverse questions and discuss an array of issues, including the modalities of transfer of cases to national jurisdictions, the protection of witnesses and challenges faced in this context, management and preservation of archives over the long term, and enforcement of sentences. Ms. Jemima Njeri Kariri of JEYAX Development and Training expressed gratitude for the delegation’s opportunity to engage with the Mechanism and applauded the work carried out by the MICT. She also encouraged further knowledge-sharing programmes between the MICT and other judiciaries to enhance and promote the understanding and application of International Criminal Law in the region. The Judges’ Assistants concluded their visit with a tour of the Mechanism’s premises in Arusha.      

Sixth Shabtai Rosenne Memorial Lecture

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Pictured Alan Stephens, Director of Research of the Clemens Nathan Research Centre, London. By A. Rangarajan. The sixth Shabtai Rosenne Memorial lecture was held at the Peace Palace Academy Building on the 20th of March 2017. The Lecture was delivered by Dr. Tal Becker, Legal adviser, Israeli Ministry of Foreign Affairs. This was followed by a panel discussion with eminent luminaries taking part in it. H.E. Judge Julia Sebutinde, H.E Ambassador Andreas D. Mavroyiannis and Professor Malcolm N. Shaw QC were on the panel. For additional Kim Vermaat’s pictures, please open the following link: https://www.flickr.com/photos/121611753@N07/albums/72157678278193404 H.E. Judge Julia Sebutinde is a sitting Judge of the International court of Justice since 2012, H.E Ambassador Andreas D. Mavroyiannis has been the Greek-Cypriot community representative and negotiator since 2013 on the Cyprus problem and Professor Malcom N. Shaw QC is a practicing Barrister of international repute on various aspects of International Law. This was followed by the release of the 5th edition of the Rosenne’s Law and Practice of the International Court: 1920-2015. The first copies of the 4 volume edition were presented to the President of the ICJ H.E. Judge Ronny Abraham by Professor Malcolm N. Shaw QC. All speakers paid rich tributes to late Professor Shabtai Rosenne for his contribution to the theory and practice International Law. Rosenne was not only a distinguished lawyer, he was an able diplomat as well.
The Ambassador of Israel, H.E. Aviv Shir-On and H.E. Philippe Couvreur, Registrar of the International Court of Justice.
The Proceedings were opened by Jeroen Vervliet, Director of the Peace Palace library and were chaired by Alan Stephens, Director of Research of the Clemens Nathan Research Centre, London. H.E. Ambassador Aviv Shir-On, the Israeli ambassador to the Netherlands, gave the closing words of the evening.
Ambassador of the Philippines, H.E. Victor Ledda during the book fair.
The well attended lecture had several dignitaries present in the audience. Daniel and Sippy from the Rosenne family, President of the UN Mechanism for International Criminal Tribunals- President Theodor Meron, Judges of the International Court of Justice – Vice-President H.E. Judge Ahmed Yusuf & H.E. Judge Pete Tomka, H.E. Judge Fausto Pocar- from the International Court for the Former Yugoslavia, Head of the Curatorium of the Hague Academy for International Law- Prof. Yves Daudet, Secretary General of the PCA- Hugo Siblesz and Deputy Prosecutor of the International Criminal Court- Mr. James Stewart were present. Ambassadors from Chile, Cyprus, Canada, Cameroon and the Philippines were in the audience as well.    

Micro-states meeting in Monaco

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Pictured Gilles Tonelli, Nicola Renzi, Albert II of Monaco, Antoni Martí Petit and Serge Telle. Saturday, 18 March 2017, Princely Palace of Monaco: HSH The Sovereign Prince of Monaco, Albert II received in audience together with his head of government Serge Telle, the Andorran Premier Antoni Martí Petit as well as the Sammarinese Secretary of State for Foreign and Political Affairs, and of Justice, Nicola Renzi, who serves as the highest ranking political office from San Marino’s Congress of State (i.e. Executive Government) as the country does not have a Prime Ministerial Office. Minister Gilles Tonelli, Governmental Adviser for External Relations and Cooperation as well as former head of mission (ambassador) to the EU and the Benelux countries was likewise present. Ambassador of Andorra to the EU, Maria Ubach Font accompanied the Andorran chief of government.  Minister of State Sege Telle organised a working lunch for his two colleagues, and their companions, to discuss strategies and policies in forging a common policy vis-à-vis the EU. Since 2015 the three micro states engage in negotiations to draw institutionalised association agreements with the EU in order for them to join the common market, and facilitate the free movement of goods and services. The free movement of people remains an issue of tension as the three micro state cannot afford unlimited access to their territories due to their size, and attached limitations.  For further information: Department of External Relations and Cooperation of Monaco (Minister Gilles Tonelli): http://www.gouv.mc/Action-Gouvernementale/Monaco-a-l-International/Actualites/Reunion-tripartite-Monaco-Andorre-et-Saint-Marin —————  © Photo: Axel Bastello / Palais princier de Monaco     

Queen Mother of Tonga laid to rest

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Halaevalu Mata’aho, Queen Mother of Tonga – Picture by Tongan Monarchy. 2 March 2017, Kingdom of Tonga: The late Queen Mother of Tonga, Halaevalu Mata’aho (29 May 1926 – 19 February 2017) was buried in Tonga after her sudden demise aged 90 during a medical checkup in New Zealand.  Halaevalu Mata’aho was married to King Taufa’ahau Tupou IV, with whom she had four children, and served for 41 years as Queen consort. After her husband died in 2006, she took on the tile of “Queen Mother” when her eldest son, Siaosi (George) Tupou V, was crowned king. King Siaosi Tupou V also passed away during a medical checkup in Hong Kong in 2012.  By age 90, Queen Halaevalu Mata’aho had outlived two kings and witnessed the crowning of a third, her youngest son King Tupou VI. The official mourning period was reduced to 10 days by the Royal House, albeit formally the Royal Family mourns for 100 days. During that time Tongans wore black and many businesses remained closed. There was a kava ceremony to honour the late Queen Mother, and the mourning period was rounded up with the traditional laying of black pebble stones on the Queen Mother’s tomb. For further information: https://www.tvnz.co.nz/one-news/new-zealand/watch-fires-ring-tongas-royal-palace-late-queen-mother-magnificent-choir-leads-moving-vigil Tongan High Commission (Mission to the EU, Israel, Russia, the Benelux countries, etc., HE Ambassador Sonata Tupou): http://tongahighcommission.com/about/    

49th Independence Day of Mauritius

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On the picture Ugandan Ambassador Mirjam Blaak greeting Ambassador Dillum Haymandoyal (Mauritius to the EU, ACP Group and Benelux countries) and spouse. 13 March 2017, Residence of Mauritius in Brussels:  HE Ambassador Dillum Haymandoyal hosted a reception commemorating the 49th anniversary of independence of his country, and 25th anniversary as a republic. 
Left Ambassador of Cabo Verde José Filomeno de Carvalho Dias Monteiro (EU, ACP Group, OPCW and Benelux countries).
Independence Day, is marked yearly on 12 March  highlighting the 1968’s adoption of a constitution in Mauritius as well as the end of British colonial rule. Officially the country became at the time a Commonwealth realm sharing HM Queen Elizabeth II as “Queen of Mauritius” until 1992, when a republic was proclaimed. The country itself is named after German-Dutch prince, Maurits of Nassau (Moritz von Nassau), Governor of the Dutch Provinces of Holland, Zeeland, Gelre, Overijssel, Groningen and Drenthe. In Latin his name was Mauritius, hence the name of the islands colonised by the Dutch in 1598. 
Ambassador Dillum Haymandoyal greeting Bhutanese Ambassador Pema Choden (EU, OPCW, Belgium, The Netherlands and Nordic countries).
During his short allocution Ambassador Haymandoyal thanked the presence of his Ethiopian counterpart, HE Teshome Toga Chanaka, Chairman of the African, Caribbean and South Pacific (ACP) Group of States’ Committee of Ambassadors. Ambassador Haymandoyal brought attention to his country’s golden jubilee of independence to be celebrated in 2018. 
In the center ACP Secretary General Dr Patrick Gomes.
For further information: Missions of Mauritius to the EU, the OPCW, the ACP Group and the Benelux countries: http://www1.govmu.org/portal/sites/mfamission/brussels/index.htm Government of Mauritius: http://www.govmu.org/English/News/Pages/A-series-of-activities-organised-to-mark-National-Day-Celebrations.aspx    

Preserving the dignity regained

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International Women’s Day celebration in the Netherlands

The Embassy of the Republic of Rwanda in The Hague in collaboration with the Rwandan Community in the Netherlands, celebrated International Women’s Day on the 18th March under the theme ‘Preserving the Dignity Regained’. Internationally, it was celebrated under the theme ‘Be Bold for Change’. This occasion brought more than 200 guests from several dignitaries together including ambassadors, civil societies in the Netherlands, Rwandan diaspora and friends of Rwanda. The gathering served as a platform to reflect on the achievements registered so far, the challenges and the way forward in regards to women empowerment in Rwanda and the Netherlands. For additional pictures, please open the following link: https://www.flickr.com/photos/121611753@N07/albums/72157678343375263 The master of ceremony Ms Joelle Mpinganzima, welcomed everyone at the Hilton Hotel in The Hague and thanked the Embassy of Rwanda for continued collaboration in organization of the International Women’s Day. She moderated the program that started with a panel discussion led by Ms Joy Uwanziga and Mr Robert Kayinamura about women empowerment and culture. The key message by Mrs Christine Safari, representative of the Rwanda Women Diaspora, was about the essential role of gender equality in attaining women empowerment. The event, that also included several dance performances by the Inganzo Cultural Troop and a colorful fashion show, further highlighted the importance of equal representation of women at all levels of government and the integration of gender issues in all aspects of development. The guest of honor was Mrs Leontine Van Hooft, CEO of GreenDreamCompany & Ubuntu Impact Investments in the Netherlands. She is the director and co-founder/owner of GreenDreamCompany and Ubuntu Impact Investments. Both firms work closely together and in partnerships on the development of creative leisure, hospitality and tourism industry, in upcoming markets like Rwanda. Mrs Van Hooft said in her speech that it’s still crucial to women to get connected worldwide through internet, global society and women’s networks. She said that each individual can and should make a difference and quoted an African proverb: “If you think you are to small to make a difference, you have not spent the night with a mosquito!” H.E. Ambassador Jean Pierre Karabaranga, thanked all guests who attended the celebration and reminded that Rwanda has done enormous progress in all sectors for last 22 years from scratch, under the exceptional leadership of President Paul Kagame. Specifically, in the journey to gender equality and women’s empowerment, a lot has been done and great progress has been registered making Rwanda one the best performers worldwide. “This year Rwanda celebrated this day for the 42nd time with the theme: ‘preserving the dignity regained’. For Rwandans in general and for Rwandan women in particular we have good reasons to celebrate this day, considering tremendous achievements and progress we did in struggling for gender equality and women’s empowerment”, said the Ambassador. Women empowerment in Rwanda In Rwanda women make up 52 per cent of its population; the country was ranked 6th worldwide in the World Economic Gender Gap Report 2015, up from 7th position in 2014. The report ranks 145 countries on their ability to close the gender gap in four fundamental areas: economic participation and opportunity, education, health and survival, and political empowerment. However, despite an impressive record on gender equality, challenges still prevail. —— Photography by the Embassy of Rwanda in The Hague.

Musica Antica da Camera

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Thursday 23 March 2017, 20:15, Lutherse Kerk The Hague
European Union Baroque Orchestra performs Bach and Händel
They receive universal acclaim for their your youthful energy and powerful performances. When the musicians of the European Union Baroque Orchestra appear on stage, the audience brings down the house and reviewers reach for superlatives.
 
The secret of their success? The ensemble has a new line-up every year. Only the best baroque musicians qualify to become a member. Dozens of aspiring musicians apply, but no more than 25 are selected. They work with the best conductors and soloists for many months and go on tour optimally prepared. This year the ensemble will be conducted by the renowned harpsichordist and conductor Lars Ulrik Mortensen. 
The programme fits the musicians like a glove. The soloist is the soprano Maria Keohane. In 2000 she won the Musica Antica Award during the Van Wassenaer Early Music Competition. She has every chance to shine in Händel’s solo cantata Tu fedel! Tu costante, a brilliant piece with which the composer, just 21, was able to win over the audience in Rome. It started his international career that brought him to London, where he could develop himself to one of the most acclaimed opera composers of his time. 25 Years after his early success in Rome, Covent Garden hosted the first performance of Händel’s opera Alcina. Maria Keohane will sing the aria Ombre pallide from this masterpiece. It was immensely popular in its time. Lars Ulrik Mortensen will take the limelight in Bach’s Harpsichord Concerto in A-major. The European Union Baroque Orchestra will finish their only concert in The Netherlands with Bach’s Weichet nur, betrübte Schatten, a sparkling wedding cantata and an ode to spring. Unsubscribe This concert is also the final event of the European Early Music Network (REMA). This year it takes place in The Hague. Musica Antica da Camera is one of the main organisers.
European Union Baroque Orchestra
Lars Ulrik Mortensen (conductor and harpsichord), Maria Keohane(soprano), Bojan Čičić (concert master and solo violin) and Neven Lesage(oboe).
 
George Friedrich Händel (1685-1759)
Concerto Grosso Op 6 no. 10 in d-minor, HWV328 – Cantata Tu fedel? Tu costante? HWV171a – Passacaglia in G-major HWV399 – Ah! Ruggiero: Ombre pallide from Alcina
 
Johann Sebastian Bach (1685-1750)
Harpsichord concerto in A-major, BWV1055 – Wedding cantata Weichet nur, betrübte Schatten, BWV202
 
Ticket saleswww.musantica.nl & 070 – 361 05 40.

The freedom lecture

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The seventeenth freedom lecture is being held by Palestinian Jamil al Qassas and Israeli Assaf Yacobovitz, both active within the movement Combatants for Peace. This organization was founded in 2006 by (former) Israeli soldiers and Palestinian combatants, who decided to lay down their arms and by means of nonviolent protest speak out against the occupation. Combatants for Peace cooperates towards a peaceful solution for both populations. The Combatants for Peace are nominated for the Nobel Peace Prize! What makes Combatants for Peace so exceptional is that in an extremely polarized and unequal environment, people dare to think across the boundaries of their own in-group. Compassion and empathy are not only key concepts for the organization, but in the case of the Israel-Palestine conflict, almost revolutionary. Despite the huge resistance within their own group and the political reality of violence on both sides, Combatants for Peace stays committed towards a peaceful solution, because they believe in a long term strategy where eventually our common humanity will triumph. In times of global polarization where different groups seem to live completely in their own reality and point out the other as the scapegoat, we are going to engage in a conversation between al Qassas and Yacobovitz about their radical belief in the strength of empathy. Jamil al Qassa was born as a Palestinian in the Deheisha refugee camp outside of Bethlehem. He participated in the first Intifada, an uprising where he was consecutively jailed for thirteen times and his brother was killed. He now lives in Deheisha with his wife and children, works in construction and is active in his local community, being part of The Parents Circle – Families Forum as well as Combatants for Peace. Assaf Yacobovitz served as an officer in the Israeli Airforce. He took part in Operation Cast Lead, which was part of the first Gaza War. After this experience, Assaf decided to join Combatants for Peace. He lives in Tel Aviv where he works as a psychologist. In these days of global polarisation, when different population groups seem to living in separate realities, always keen to point the finger at someone else, Janneke Stegeman joins al Qassas and Yacobovitz to discuss their radical belief in the power of empathy.  Janneke Stegeman is bible specialist and theologian of the year. After spending two years in Jerusalem carrying out research into religion and conflict, she became particularly interested in both the creative and the potentially destructive side of conflict.  Freedom Lecture at Het Nutshuis, The Hague. 28/03/2017 20.00hrs. Entrance is €10,- Click here for tickets This Freedom Lecture is in cooperation with Movies that Matter, Vfonds, Democratie en Media, Movies that Matter en De Balie.

Art More Than an Asset

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Convincing Craftmanship and Expertise at Tefaf Maastricht

By Shirley Cottaar. This year it was the 30th edition from Tefaf Maastricht where works of extraordinary provenance and quality took the lead. Almost 71.000 visitors out of 60 countries came to the world’s leading fine art and antique fair at the MECC (Maastricht Exhibition & Congress Centre) from 10-19 March 2017. Tefaf Maastricht provides an unrivalled marketplace for the world leading dealers and specialists to present the finest works available, covering 7,000 years of art history. Diplomate Magazine reports about some remarkable discoveries from the fair. Otto Jakob This master in jewellery from Karlsruhe surprises with stunning creations that are much more than jewellery. It is art. Especially if you consider that Otto Jakob is an autodidact. His creations are inspired by history or nature combined with smart engineering. Showing his bracelet ghost crab, Otto explains that already as a child he used all his senses observing the smallest details in nature and museums putting them in his memory. “When I was on holiday in California years ago with my family I found this ghost crab arm and I used it to develop this bracelet.” The bracelet is connected to gimbal joints, and a lock modelled as a crab claw. Xuanas, the design for this year’s Tefaf, are earrings with yellow gold casts of St. John Wort petal’s. “Beside the story behind the jewel, for me, it is essential that the jewel is completely round or as we say in the German language “rundum”. Not only the front of the jewel but also the sides and the back must be elaborated. That is my signature.” Special objects Eguiguren Arte de Hispanoamérica shows a very special collection of antique calabash gourds with a “Bombilla” made of silver. These gourds were used to drink Mate, a traditional drink in some countries in South America, especially in Argentina, Paraguay, Uruguay and Brazil. Bernard de Grunne, leading tribal art dealer, shows a magnificent antique chief bell from Kongo at his stand. Hemmerle Another striking exhibition stand to mention is the fourth generation family-run jeweller Hemmerle in Munich. The Hemmerle family travel across the world treasure hunting for rare materials from colour changing garnets and melo pearls, to found materials like ancient carved jade and antique cameos. Each jewel is handcrafted and layered with cultural references; they are as original as a work of art with design aesthetic of powerfully audacious modernity. A single piece takes over 500 hours of work and years can pass waiting to find the perfect coloured stones to complete a piece. ——- Main picture: a Kongo Chief bell from Democratic Republic of Congo. Kongo, bell, 639. Alissa LaGamma et alli, Power and Majesty the Art of the Kongo Masters, The Metropolitan Museum of Art, New York,