Law and Justice in Africa
a...@africanviews.org
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Dear friends, We think that the African Court on Human and People's Rights (AfCHPR) is a regional court that was created to make judgments on African Union states' compliance with the African Charter on Human and Peoples' Rights. The AU discourages prosecution of human rights abuses in the International Criminal Court, hoping that they would be tried by the AfCHPR instead; but the AfCHPR has achieved very little and unwilling or incapable of prosecuting crime against humanity perpetrated by senior African government officials. I would even go on to say that that the AfCHPR could easily work in collaboration with the ICC. After all, the AU works with the UN. It is true that many people as well as some African Union (AU) members are concerned that the International Criminal Court (ICC) is unfairly targeting African countries, and this is not completely without merit. It is also understood that the bill will pass -- if in fact a proposal for the en bloc withdrawal of African countries from the Rome Statute of the ICC is tabled at the summit in Addis Ababa on 12 October 2013. This would be a mistake in our view. The International Criminal Court (ICC) is the world’s first and only global court to adjudicate crimes against humanity. The ICC is not the first of its kind. The International Criminal Tribunal for the former Yugoslavia or ICTY, a body of the United Nations was established to prosecute serious crimes committed during the wars in the former Yugoslavia, and to try their perpetrators. It worked! Tomorrow, leaders of Sudan and Kenya, who have inflicted terror and fear across their countries, will try to drag Africa out of the ICC, allowing them immunity and freedom without consequences. According to Tawanda Hondora, Amnesty International’s Deputy Director of Law and Policy, “An initiative to organize further withdrawals from the ICC through the African Union would send the wrong signal about Africa’s commitment to protect and promote human rights and reject impunity, all of which are values central to the African Union itself.” Many of our African conservatives are misguided because they are always focused on where we are coming from rather than where we are going. We need to agree, if Africa is an integral part of the world or separate from the rest of the world. If we are able to maintain a balance by remembering where are coming from with a keen attention on where we are going this would be sufficient. Either way, we cannot escape conforming and adhering to global standard. This is one of the reasons that ICC serves a good purpose for Africa. However, many scholars argue that the ICC is eager to prosecute African leaders without giving the Legal authorities enough time to deliberate. And it also appears that the ICC’s focus is based on Africa. Although everyone agrees that the ICC should expand its work duly beyond Africa, but it does not mean that its eight current investigations in African countries are without basis. The victims of these crimes deserve justice. Most of the cases in Africa were referred to the ICC by the African governments themselves. These include Central African Republic, Cote d’Ivoire, Democratic Republic of the Congo, Uganda and Mali. Two other cases, Darfur and Libya, were referred by the UN Security Council with the full support of its African members. However, a group of African states, among them Kenya, have been leading a campaign against the ICC. And this is getting Amnesty International quite worried, and Human Right Watch very concerned. Sir Desmond Tutu says “In my years of work, life and travel, the fight for justice has been a long and arduous one. I have seen the very worst in Darfur and Rwanda, but also the very best with the reconciliation in South Africa. During this journey, I have seen great gains made that protect the weak from the strong and give us all hope. The ICC is one of these beacons of hope. “ The main argument by some leaders with a guilty conscience is that the ICC is a Western witch-hunt as most of the investigations have happened in Africa. But this couldn’t be further from the truth. This was an institution that was created by 20 African countries, 5 of the court’s 18 judges are African and the chief prosecutor is African. Friday is a key judgment day. Will our African leaders stand on the side of justice or injustice? With survivors and fallen victims or with tyrants and oppressors? So you may ask yourself, what you can do to change politicians mind. You can do lots! You can begin by joining others who are calling on the African Union (AU) –to speak out and ensure that the persecuted are protected by the ICC. You make a great difference simply by signing this petition, which will be delivered straight to the AU conference during the meeting in Addis Ababa tomorrow as the voice of the people. Click here to sign the petition: HTTPS://secure.avaaz.org/en/justice_for_Africa_ICC/?bGOlEab&v=30033 We at African Views are taking a democratic approach to the whole issue. We offer a poll on our website which takes only 2 minutes of your time to answer yes or no on if you think the ICC is unfairly targeting African countries and if your country should withdraw its membership. Take the poll here: http://africanviews.org/index.php/productivity-tools/polls Echoing the voice of Sir Desmond Mpilo Tutu in calling on African leaders to stand on the side of justice and support the International Criminal Court. With hope and appreciation for this community, African Views Organization on behalf of Sir Desmond Mpilo Tutu .gif?part=0.1)  -------Original Message-------
From: ishola williams
Date: 10/10/2013 11:37:59 AM
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Subject: Re: [africanworldforum] Re: Africa: They want to be above the law -- Please let's all respond to Desm... Our highly Respected Archbishop Tutu knows that we have the African Court for Human Rights and justice in Arusha with all the Complements of a Court. Let him call Dr Zuma(AUC Chair) and President Zuma to get African countries to set up National Special Courts for Human Rights abuses ,War Crimes and Destruction of Historical Monuments etc not Border disputes amongst member states.Border Disputes can be left to Regional Courts.All appeals including on Border Disputes will go to the Regional Courts( e.g.ECOWAS COURT which is doing well) first.The Continental Court in Arusha will now be the last Court of Appeal for all cases coming form the Regional Courts We do not need to send any case or dispute to ICC and ICJ.We have so many structures in place with some copied without serious thinking about adaptation like AU Commission -a beggar organisation structured like EU(with conditions for membership and appointment of Commissioners) which is a Self-Financed Organisation but not even for the whole continent The Structure is already in place,we need the legal framework to back it up. Let African Countries withdraw.Let us have confidence in our own System. Do we need to wait for a Confederation African States(CAS-adaptation of Swiss model) which is more acceptable than USA in 2017? In answer to a question on how many states will vote for USA,the answer my friend is blowing in the air.It will also not be answered here in USA.Those who can answer it in the Continent are too bogged down to even think about because of failed experiments in the past. Will the Arabs join?I have talked about about Diaspora issues at PanAfrican Parliament and I remember the reaction of many Arab members including those form Libya even when Gaddafi was alive.We are always begging for help or to join others and none wants to join us because what do we bring to the table? In answer to the question of how many Africa countries,for those leading the campaign,join the AFRICA DREAMERS 2063 Group with meetings in Dc and New York. GOODLUCK WITH PATIENCE FOR DREAMS TO COME TRUE.iw _________________
Ishola Williams Maj-Gen. (Rtd) E-mail: isholaw...@yahoo.com isholaw...@hotmail.com pana...@multilinks.com panafstragi...@yahoo.com website: www.panafstrag.org
When are we going to stand on our feet? It is time for Africans to build our own institutions and stop being treated as babies to Europeans. What we need and what the Bishop should advocate the UNITED STATES OF AFRICA with its own judiciary. I have yet to read of the Honorable Bishop advocating for our UNITY? Why? Both South Africa and Nigeria and the pawns in the pocket of London and neither South Africa or Nigeria treat AU with the seriousness it deserves. African leaders should pull out of any International organization that serves to perpetuate slavery, colonialism, noe colonialism, European hegemony of Africa and White Supremacy. I will encourage the leaders to pull out of the ICC only if they are willing to form our own UNITED STATES OF AFRICA government to protect us from people in Africa that use the powers of state to molest, beat, torture, humiliate and kill any African, without due process of the law. Take the case of Taylor, it was Nigeria which gave him a sanctuary. Afterwards, Nigeria told Taylor to fend for himself when the European minded criminals wanted to trial him. Why Nigeria did what it did is left unto Obasanjo. Nigeria could have tried him for the crimes allegedly committed by Taylor. Well the rest is history but who will trust Nigeria after this? Some countries in Africa serve as agents and pawns of the Europeans. Nigeria and South Africa are the two nations that can bring about AFRIC UNITY, but no they prefer to rule us with ICC. Let us form our own government and justice can be domesticated in our jurisdiction.
Kofi Agyapopng
SADA
In a message dated 10/10/2013 10:08:43 A.M. Eastern Daylight Time, bi...@allafr.org writes:
Please, Let's all respond to Desmond Tutu's call.
Binta
---------- Forwarded message ---------- From: Desmond Tutu - via Avaaz.org <av...@avaaz.org> Date: Thu, Oct 10, 2013 at 12:52 AM Subject: They want to be above the law To: "bi...@allafr.org" <bi...@allafr.org> Dear Avaaz friends,
In just 2 days’ time, African leaders could kill off a great institution, leaving the world a more dangerous place.
The International Criminal Court (ICC) is the world’s first and only global court to adjudicate crimes against humanity. But leaders of Sudan and Kenya, who have inflicted terror and fear across their countries, are trying to drag Africa out of the ICC, allowing them the freedom to kill, rape, and inspire hatred without consequences. I know that together we can change this. But we have to join hands and call on the voices of reason at the African Union (AU) – Nigeria and South Africa – to speak out and ensure that the persecuted are protected by the ICC. Join me by adding your name to the petition now and share it with everyone -- when we have hit 1 million our petition will be delivered straight into the AU conference hall where Africa’s leaders are meeting in Addis Ababa. https://secure.avaaz.org/en/justice_for_africa_icc/?bwmdxeb&v=30048 In my years of work, life and travel, the fight for justice has been a long and arduous one. I have seen the very worst in Darfur and Rwanda, but also the very best with the reconciliation in South Africa. During this journey, I have seen great gains made that protect the weak from the strong and give us all hope. The ICC is one of these beacons of hope.  This threat to the ICC started precisely because the court was doing its job. It charged Kenya's Deputy President for killing people who rallied against him during an election and Sudan's President for murdering women and children in Darfur. Now Kenya and Sudan are lobbying all of Africa to pull out of the court and destroy its chance of success. But in Darfur, Congo, Cote D’Ivoire and Kenya, the ICC has played a key role in bringing hope to those terrified by the armies, militias and madmen that have waged war against the innocent. It’s a light in the darkness that cannot be allowed to go out. The main argument by some leaders with a guilty conscience is that the ICC is a Western witch-hunt as most of the investigations have happened in Africa. But this couldn’t be further from the truth. This was an institution that was created by 20 African countries, 5 of the court’s 18 judges are African and the chief prosecutor is African. Friday is a key judgement day. Will our African leaders stand on the side of justice or injustice? With survivors and fallen victims or with tyrants and oppressors? This is the moment to choose. Join me in calling on African leaders to stand on the side of justice and support the International Criminal Court: https://secure.avaaz.org/en/justice_for_africa_icc/?bwmdxeb&v=30048 I've seen some of the brightest moments in human history, moments where we together brought hope to so many. This is our chance to do that again, together. With hope and appreciation for this community, Desmond Tutu More information: Botswana Supports International Criminal Court (Voice of America) http://www.voanews.com/content/botswana-supports-international-criminal-court/1764960.html 130 Groups Across Africa Call for Countries to Back ICC (Human Rights Watch) http://www.hrw.org/news/2013/10/07/130-groups-across-africa-call-countries-back-icc Kenya pushing for African split from International Criminal Court (Irish Times) http://www.irishtimes.com/news/world/africa/kenya-pushing-for-african-split-from-international-criminal-court-1.1549427 Annan defends International Criminal Court (News 24) http://www.news24.com/Africa/News/Annan-defends-International-Criminal-Court-20131007 Africa to debate ICC role amid growing opposition (Yahoo News) http://news.yahoo.com/africa-debate-icc-role-amid-growing-opposition-103053710.html  |
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