CATCHING A WAR CRIMINAL IN THE ACT
By RICHARD GOLDSTONE
Originally published in
The New York Times
July 15, 2008
Servian, France
THE prosecutor of the International Criminal Court has
made the tough decision to seek an arrest warrant for a
leader of a country at war — Sudan’s president, Omar
Hassan al-Bashir. He is to be charged with genocide,
crimes against humanity and war crimes during the last
five years of war in Darfur.
One has to go back to the cases against Slobodan
Milosevic of Yugoslavia in 1999 and Charles Taylor of
Liberia in 2003 to find the last time that international
prosecutors charged a sitting head of state. Then, as
now, they were criticized for failing to take “politics”
into account.
These criticisms are misdirected. The 1998 Rome treaty
establishing the International Criminal Court removed
head-of-state immunity for atrocity crimes. Since 2005,
when the United Nations Security Council referred the
Darfur situation to the court, the prosecutor, Luis
Moreno-Ocampo, has simply been doing his job — which is
to present charges against those who bear the greatest
responsibility for the crimes.
Critics predict that an arrest warrant will harm efforts
to deliver aid and to deploy the United Nations
peacekeeping force in Darfur. But both of these efforts
are already hobbled. Mr. Bashir’s government has a long
history of obstructing aid — notably during the famine
in 1998, before the International Criminal Court even
existed. And an obstructionist Sudanese government and
the countries that are supposed to contribute troops to
the peacekeeping force have long dragged their feet. It
has taken five years to deploy just 9,000 soldiers. If
Khartoum retaliates against the arrest warrant by
attacking refugees, aid workers or peacekeepers, the
responsibility will lie solely with the leaders who
issue the orders.
Some critics also worry that the indictments may harm
the Darfur peace process by removing a key negotiating
point — an offer of amnesty to President Bashir along
with the possibility of quiet retirement in a third
country. But sometimes ambiguity over accountability can
help peace negotiations along, as it did in South Africa
in 1991, when amnesty was also a bargaining chip. Arrest
warrants from The Hague also assisted the Bosnian peace
process by removing hard-liners from the negotiating
table.
It is too early to tell what effects the indictment will
have on peace efforts. So far, there has been no Darfur
peace process to speak of. Part-time United Nations and
African Union mediators recently resigned in
frustration, calling for a new approach.
In the meantime, the indictments may delegitimize the
government in the eyes of the Sudanese people,
especially the elites in Khartoum. In 1999, after the
International Criminal Tribunal for the Former
Yugoslovia issued its arrest warrant for President
Milosevic, an opposition group called Otpor turned it
into a political weapon with the slogan, “He is
finished.” Mr. Milosevic lost the elections in 2000.
Although other factors contributed to his fall,
including lost wars and corruption, the indictments
played their part by demonstrating his isolation.
In Sudan’s 2009 elections, some citizens may rally
behind their president. Others may not.
In the story of the emperor’s new clothes, a little boy
is the only one who has the innocence to point out that
the emperor is naked. The arrest warrants for President
Bashir reveal to the world what type of regime holds
power in Khartoum. They should also push the Security
Council to apply real pressure on the Sudanese
government. The council and its member states should
make President Bashir’s government an international
pariah, imposing sanctions against its leaders and, most
important, Sudan’s oil exports, which have so
effectively insulated the regime.
The prosecutor’s message might make some people
uncomfortable, but that does not mean we should shoot
the messenger. This crisis should galvanize the Security
Council to take serious action.
Richard Goldstone is the former chief prosecutor of
the International Criminal Tribunals for the former
Yugoslavia and Rwanda. He is also a Member of the Board
of Directors of HURISA.
DARFUR CONSORTIUM RESPONDS TO APPLICATION FOR A
WARRANT FOR ARREST OF SUDANESE PRESIDENT OMAR EL-BASHIR
The Darfur Consortium
(July 15, 2008)
The application of the Prosecutor of the International
Criminal Court yesterday for a warrant of arrest against
President Omar El-Bashir of Sudan, is a significant
development.
Following a consultation of members drawn
from throughout Africa and beyond, the Darfur Consortium
reaffirms its commitment to the safety, security,
effective protection and justice for the people of
Darfur and Sudan.
The Government of Sudan has the
primary obligation to protect the people of Darfur and
Sudan and to guarantee and ensure the safety and
security of international forces as well as humanitarian
workers in Darfur and elsewhere in Sudan. The Government
of Sudan is also obliged to comply with Security Council
resolutions. Failure to respect these obligations gives
rise to legally enforceable international
responsibility.
The Darfur Consortium calls on all
concerned to respect the independence of the
International Criminal Court and the integrity of its
organs and procedures.
The Prosecutor's application
should not be allowed to become a pretext for
curtailment of human rights and fundamental freedoms in
Sudan, obstruction of humanitarian deliveries and
operations or to undermine on-going political processes
for peace, political reform and transformation in Sudan.
At this time more than ever before, the continuing
presence and engagement of the African Union and the
wider international community is needed to reassure the
people of Darfur and Sudan of the unrelenting commitment
of the region and the world to their wellbeing.
AU SUMMIT RESOLUTION ON ZIMBABWE
The African Union Assembly, meeting in its 11th Ordinary Session held on
June 30 to July 1, 2008 in Sharm El Sheikh, Egypt,
DEEPLY CONCERNED with the prevailing situation in Zimbabwe;
DEEPLY CONCERNED with the negative reports of SADC, the African Union and
the Pan-African Parliament observers on the Zimbabwean
Presidential run-off election held on June 27, 2008;
DEEPLY CONCERNED about the violence and the loss of life that has
occurred in Zimbabwe.
CONSIDERING the urgent need to prevent further worsening of the situation
and with a view to avoid spread of conflict with the
consequential negative impact on the country and the
sub-region;
FURTHER CONSIDERING the need to create an environment conducive for
democracy, as well as the development of the people of
Zimbabwe;
EXPRESSING its appreciation to SADC, and its Organ on Politics, Defence
and Security Co-operation, as well as the Facilitator of
the intra-Zimbabwe dialogue, His Excellency Thabo Mbeki,
President of the Republic of South Africa, and His
Excellency Jean Ping, Chairperson of the African Union
Commission for the ongoing work aimed at reconciling the
political parties;
RECOGNISING the complexity of the situation in Zimbabwe;
NOTING the willingness of the political leaders of Zimbabwe to enter into
negotiations to establish a Government of National
Unity;
NOTING FURTHER the preparatory discussions on this matter had already
started, under SADC facilitation;
Hereby decide:
-
TO ENCOURAGE President Robert Mugabe and the leader of the MDC Party Mr Morgan Tsvangirai to honour their commitment to
initiate dialogue with a view to promoting peace,
stability, democracy and the reconciliation of the
Zimbabwean people;
-
TO SUPPORT the call, for the creation of a Government of National
Unity;
-
TO SUPPORT the SADC Facilitation, and to recommend that SADC mediation
efforts should be continued in order to resolve the
problems they are facing. In this regard SADC should
establish a mechanism on the ground in order to seize
the momentum for a negotiated solution;
-
TO APPEAL to states and all parties concerned to refrain from any
action that may negatively impact on the climate of
dialogue;
-
In the spirit of all SADC initiatives, the AU remains convinced that
the people of Zimbabwe will be able to resolve their
differences and work together once again as one Nation,
provided they receive undivided support from SADC, the
AU and the world at large. END TEXT.
NEW JUDGES OF THE AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS
by African Court Coalition
29 June 2008
The Executive Council of the AU elected two new judges and
re-elected the same number to the African Court on Human and
Peoples’ Rights on 29 June 2008 in Sharm-el-Sheikh, Egypt.
Prof Githu Muigai (Kenya), a practising lawyer and
academic and Justice Joseph Nyamihana Mulenga
(Uganda), judge at the East Africa Court of Justice and at
the Supreme Court of Uganda are the new justices that will
serve their first six-year term. Justices Bernard Ngoepe
and Sophia Akuffo were re-elected for a six-year
term.
The Assembly of Heads of State and Government will
appoint the new members when they meet on Monday 30 June and
Tuesday 1 July 2008 in Egypt.
The new composition of the court is as follows:
President: Gérard Niyungeko (Burundi)
Deputy President: Modibo Tounty (Mali)
Sophia Akuffo (Ghana)
El Hadji Guisse (Sénégal)
Justina Kelello Mafuso Guni (Lesotho)
Bernard Ngoepe (South Africa)
Fatsah Ouguergouz (Algeria)
Hamdi Faraj Fanoush (Libya)
Jean Mutsunzi (Rwanda)
Githu Muigai (Kenya)
Joseph Nyamihana Mulenga (Uganda)
Also, the Executive Council adopted the single legal
instrument establishing the African Court of Justice and
Human Rights. This will create one African judicial
mechanism. There is a major concern by the African Court
Coalition that individuals will still be prevented from
petitioning the new court directly.
Darfur Consortium Welcomes Presidential Statement on
Justice in Darfur
(NEW YORK, June 17, 2008)
The Darfur Consortium today welcomed the adoption by the
Security Council yesterday of a Presidential Statement in
support of the International Criminal Court's (ICC)
investigation in Darfur.
The Statement was adopted in response to the presentation
made by the Prosecutor of the ICC, Luis Moreno Ocampo on
June 5 on the progress of his investigation. The
Prosecutor's message was clear, that the government of Sudan
had failed to cooperate with the Court and was in violation
of Security Council Resolution 1593.
The Presidential Statement noted the efforts undertaken by
the International Criminal Court, in particular the
transmission on June 16, 2007 of arrest warrants for Ahmed
Harun and Ali Kushyab to the government of Sudan. It called
on the government of Sudan and all other parties to the
conflict in Darfur to "cooperate fully" with the
International Criminal Court as required by that Resolution
1593.
"The Presidential Statement is a victory for the people of
Darfur, who have for two long looked on with frustration as
the government of Sudan has brazenly flouted the will of the
Council," said Dismas Nkunda, Co-Chair of the Darfur
Consortium. "As a statement of the unanimous sentiment of
the Council, the Presidential Statement sends a powerful
message to Khartoum indicating that its defiance will no
longer pass unchallenged."
The Darfur Consortium also expressed its appreciation of the
leadership displayed by the government of Costa Rica in
pressing for the statement and, in particular, for the
passionate call to action which Foreign Minister Bruno
Stagno Ugarte delivered to the Security Council on June 5.
In the words of the Foreign Minister, this declaration
"breaks the silence maintained by the Security Council with
respect to the situation in Darfur."
At the same time as the Security Council was breaking its
silence, the Council of the European Union was also speaking
out in support of the ICC. The Council "deeply deplore[d]
the continued failure of the GoS to cooperate with the ICC
and underline[d] that the GoS has an obligation, and the
capacity, to cooperate," noting that "[a]ny arrest warrant
issued by the ICC should be respected." The Council went on
to express its willingness to consider additional measures
against those preventing cooperation with the Court.
"The Sudanese government has been put on warning," Nkunda
reflected, "but states must be willing to back this strong
rhetoric with strong action in the event that Sudan
continues to defy the Court."
ELECTION OF JUDGES TO THE AFRICAN COURT ON HUMAN AND
PEOPLES' RIGHTS
by African Court Coalition
5 June 2008
The tenure of four of the judges of the African Court on Human and Peoples’ Rights expires in July 2008. They are Justices Ngoepe, Akuffo, Kanyiehamba, and Somda. These judges may be re-elected.
The Assembly of Heads of State and Government will be meeting at the AU Summit in Egypt in June 2008 to elect new members to the Court.
The nominees are:
Justice Bernard M. Ngoepe (South Africa);
Justice Joseph Nyamihana Mulenga (Uganda);
M. Jean Emile Somda (Burkina Faso);
Prof. Githu Muigai (Kenya);
Maitre Ore Sylvan (Cote d'Ivoire);
Justice Sophia A. B. Akuffo (Ghana); and
Dr Jose Ibrahim Abudo (Mozambique).
EU-AFRICA SUMMIT IN LISBON:
MEDIA RELEASE: AFRICAN AND EU
PARLIAMENTARIANS ACCUSE AFRICA/EU
SUMMIT OF "TURNING THEIR BACKS" ON
DARFUR
by Darfur Consortium
6 December 2007
African and EU
parliamentarians accuse
Africa/EU Summit of “turning
their backs” on Darfur
Over forty members of
African and European
Parliaments have today
(Friday) expressed ‘surprise
and disappointment’ that the
crisis in Darfur is not on
the agenda for the EU-Africa
Summit that begins in Lisbon
this weekend.
As European and African
leaders – including
President Bashir of Sudan -
arrive in Lisbon, the
legislators released a copy
of a letter they sent to the
Heads of State attending.
The strongly worded letter
said that they were,
‘surprised and disappointed
to note that at a two-day
summit of the leaders of our
two continents, there will
be no time allotted to
discuss the continuing
crisis in Darfur that has
claimed over 200,000 lives.’
In a parallel move, a
coalition of over 50 African
and European human rights
groups including Amnesty
International, the
International Federation of
Human Rights and the Darfur
Consortium have written to
Heads of State warning that;
‘to ignore it [Darfur] now
would be to turn our backs
on the people of Darfur.’
Glenys Kinnock, MEP and
Co-President of the African,
Caribbean and Pacific / EU
Joint Parliamentary Assembly
said, "MP’s, campaigners
and human rights activists
are all asking the same
question: how can our
leaders ignore one of the
world’s worst crises?
Especially when President
Bashir, the man primarily
responsible for so much of
the suffering is in their
midst. Rather than answer
that question our leaders
would apparently prefer to
sweep difficult issues under
the carpet. Today,` we are
saying we won’t let you
ignore this suffering."
The calls for the Summit to
discuss Darfur come
following the news last
month from UN peacekeeping
chief Jean-Marie Guehenno
that the Government of Sudan
is blocking the deployment
of the hybrid peacekeeping
force. It also follows a
similar demand for a focus
on Darfur from European and
Africa writers last Tuesday.
The letters from legislators
and campaigners argue that
the EU and Africa have a
shared responsibility to
solve the Darfur conflict,
which has already claimed
over 200,000 lives and
displaced millions. "The
welfare of our citizens must
be the first order of
business whenever our
leaders meet, and the
devastating impact this
ongoing conflict has on the
lives of so many people
should clearly place it near
the top of the agenda for
the EU-Africa Summit." says
the letter.
"Despite the ever growing
levels of violence on the
ground and the fact that
peace and justice continues
to be elusive, no room has
been give to the summit to
discuss this crisis", said
Dismas Nkunda, spokesperson
for the Darfur Consortium.
"It is indeed a shame for
the Lisbon summit," he
added.
"World leaders have to
ask themselves what they are
in politics for if they
ignore the suffering of
hundreds of thousands of
people. If world leaders are
willing to meet and shake
hands with those accused of
sponsoring mass violence
they have a duty to look
them in the eye and bring
them to task," said
Onyango Kakoba, Member of
the Ugandan Parliament.
Editors notes:
Full text of the MPs’
letter:
To: Heads of State and
Government of the European
Union and Africa
Your Excellencies,
On 7th and 8th December you
will meet in Lisbon for the
first EU-Africa Summit since
2000. Closer cooperation
between our two continents
is a highly desirable goal,
which we as elected
representatives strive to
support.
However, we firmly believe
that any discussion on such
cooperation cannot move
forward without also
addressing the largest and
one of the most pressing
humanitarian disasters in
the region: the ongoing
conflict in Darfur and its
destabilizing effect on
Sudan and its neighbours.
We are therefore surprised
and disappointed to note
that at a two-day summit of
the leaders of our two
continents, there will be no
time allotted to discuss the
continuing crisis in Darfur
that has claimed over
200,000 lives and displaced
more than two and a half
million people, many of whom
continue to rely on an
enormous humanitarian aid
effort. The welfare of our
citizens must be the first
order of business whenever
our leaders meet, and the
devastating impact this
ongoing conflict has on the
lives of so many people
should clearly place it near
the top of the agenda for
the EU-Africa Summit.
The international community
has a collective
responsibility to protect
civilians from armed
conflict. In turn, when
parliamentarians from across
Africa met in May of this
year to consider the role of
national parliaments in
responding to the Darfur
crisis, they determined that
"Parliaments have a direct
responsibility to engage the
executive [..] in the field
of foreign policy, to
protect the lives of the
most vulnerable”.
We therefore urge you to
ensure that in Lisbon there
is a specific agenda item on
the urgent need to bring a
sustainable end to the
violence currently
threatening the lives of
civilians in Darfur. We also
urge you to confirm that
protecting civilians from
conflict, including in
Darfur, will be a clear
priority of African-EU
cooperation.
List of signatories to the
letter:
Anna Abdallah (Tanzania)
Marie-Hélène Aubert (France)
Margrete Auken (Denmark)
Thijs Berman (Netherlands)
John Bowis (UK)
Albertino Bragança (Sao Tome
and Pincipe)
Marie-Arlette Carlotti
(France)
Thierry Cornillet (France)
Nye Cuffie (Sierra Leone)
Ryszard Czarnecki (Poland)
Nirj Deva (UK)
Koenraad Dillen (Belgium)
Alexandra Dobolyi (Hungary)
Abughassim Seif Eldin
(Sudan)
Leopoldo Ernesto
(Mozambique)
Ibrahim Sorie Fofanah
(Sierra Leone)
Kwame Frimpong (Ghana)
Ana Gomes (Portugal)
Fiona Hall (UK)
Suliman Hamid (Sudan)
Alain Hutchinson (Belgium)
Farouq Abu-Issa (Sudan)
Onyango Kakoba (Uganda)
El Haj Diao Kante
(Guinea/Pan African
Parliament)
Teddy Ksella-bantu
(Tanzania)
A. Luthuli (South Africa)
Elizabeth Lynne (UK)
Miguel Angel Martínez
(Spain)
Gay Mitchell (Ireland)
Salih Mahmoud Osman (Sudan)
Horst Posdorf (Germany)
Eoin Ryan (Ireland)
José Ribeiro e Castro
(Portugal)
Pierre Schapira (France)
Karin Scheele (Austria)
Frithjof Schmidt (Germany)
Juergen Schroeder (Germany)
David Kuku Toto (Sudan)
Feleknas Uca (Germany)
Anne Van Lancker (Belgium)
Ralf Walter (Germany)
Anders Wikjman (Sweden)
Gabriele Zimmer (Germany)
MPs available for interview:
Ana Gomes: +32 2 284 5824
Glenys Kinnock: +44 292 022
7654 (Lisa)
Campaigners: Darfur
Consortium, Dismas Nkunda;
+256 78 2310404
For further details or
interviews please contact:
Brussels: Sara - + 324 73
555 818
Egypt: Engi - + 201 22 199
010
Germany: Jenny - + 49 17629
118 503 Sebastian- + 49 30
20351 13
Ghana: Arji - + 233 212
42470
London: Brendan– + 44 20
7324 4747
Nigeria: Tola - + 234 803
320 3725
Paris: Karine - + 33 143 55
1412
Portugal: Luis - + 351 912
12 658 683
South Africa: Corlett - + 27
11 403 0850
ENDS
EU-AFRICA SUMMIT IN LISBON:
MEDIA RELEASE: AFRICAN AND EUROPEAN WRITERS ATTACK
"COWARDICE" OF THEIR LEADERS.
(Embargoed until 00:01 GMT Tuesday 04 December 2007)
Crisis Action
African and European writers will today (Tuesday) criticise
the political cowardice of their leaders in failing to put
Darfur and Zimbabwe at the top of the EU-Africa Summit’s
agenda.
The letter, signed by writers including Vaclav Havel, Prof.
Wole Soyinka, Nadine Gordimer, Günter Grass, Roddy Doyle and
Chimamanda Ngozi Adichie, criticises leaders for shying away
from tackling two of the world’s worst crises. The EU-Africa
Summit taking place in Lisbon on the 8th and 9th December is
the first of its kind since 2000.
"We expect our leaders to lead, and lead with moral courage.
When they fail to do so they leave all of us morally
impoverished" says the letter.
The letter has been sent to all of the Heads of State
attending the summit and is published today in newspapers
across Africa and Europe.
Despite over 200,000 deaths in Darfur and brutal repression
in Zimbabwe, no time has been set aside for discussion of
the issues. The letter argues that it is impossible to
inaugurate a new era of friendship between Europe and Africa
while Darfur and Zimbabwe are ignored. "Why should we listen
to the mighty when the mighty are deaf to the cries of the
afflicted? Millions of Africans and Europeans would expect
Zimbabwe and Darfur to be at the very top of the agenda. It
is not too late," says the letter.
Wole Soyinka, the Nobel Prize winning Nigerian author said:
"The EU-Africa summit presents an opportunity to address the
biggest issues affecting our people. However our leaders -
by putting their own desire to avoid a confrontation ahead
of the suffering of millions - are squandering this
opportunity and doing us all a disservice."
Editors note:
Full text of the letter:
In a few days Heads of State from Africa and Europe will
meet in Portugal to discuss issues common to two continents
whose histories, for good and bad, have intertwined for
centuries. This is a historic opportunity to inaugurate a
new era founded on shared values and a genuine friendship
where we can support each other and learn from each other.
But that will not be possible while the summit meeting shies
away from discussing two of the world’s worst humanitarian
crises, those in Zimbabwe and Darfur. Despite Europe’s and
Africa’s shared responsibility to address such crises,
neither one is on the agenda. No time has been set aside for
formal or informal discussion What can one say of this
political cowardice? We expect our leaders to lead, and lead
with moral courage. When they fail to do so they leave all
of us morally impoverished. Where they funk the difficult
issues they make themselves irrelevant. Why should we listen
to the mighty when the mighty are deaf to the cries of the
afflicted? Millions of Africans and Europeans would expect
Zimbabwe and Darfur to be at the very top of the agenda. It
is not too late.
List of signatories to the letter (so far):
European: Vaclav Havel, Günter Grass, Roddy Doyle, Tom
Stoppard, Jose Gil, Colm Toibin.
African: Prof. Wole Soyinka, Mia Couto, Chimamanda Ngozi
Adichie, Gillian Slovo, Ben Okri, Nadine Gordimer, John M
Coetzee.
For further details or interviews please contact: Brendan
Cox – Brendan.Cox@crisisaction.org - + 44 207 324 4747
FUNCTIONING OF THE AFRICAN COURT ON HUMAN AND PEOPLES'
RIGHTS
(October 2007): The members of the Court met in Arusha from
17 - 28 September. They discussed their Rules of Procedure
which are yet to be finalised.
The Court is presently operating from the 3rd Floor of
Ngorongoro Wing, Arusha International Conference Centre. The
government of Tanzania is has identified property which will
become the permanent location of the Court elsewhere in
Arusha.
Positions for registrar, legal officers, translators and
interpertors have been advertised on the African Union
website (www.africa-union.org).
The members of the Court are: Fatsah Ouguergouz (Algeria);
Gerard Niyungeko, president (Burundi); Modibo Tounty
Gouindo, deputy president (Mali); El Hadji Guisse (Senegal);
George Kanyiehamba (Uganda); Bernard Ngoepe (South Africa);
Jean Emile Somda (Burkina Faso); Hamdi Faraj Fanoush
(Libya); Kelle Justina Mafoso-Guni (Lesotho); Sophia Akuffo
(Ghana).
PROGRESS ON THE DRAFT SINGLE LEGAL INSTRUMENT FOR THE
AFRICAN COURT
(October 2007): The African Union is yet to finalise the
draft single legal instrument establishing the African Court
on Human Rights and Justice, which integrates the African
Court on Human and Peoples' Rights and the African Court of
Justice (the protocol establishing this court is not in
force). A decision was taken in 2004 to integrate the courts
following a concern raised on the lack of sufficient
resources to fund Africa's institutions. Two meetings were
held since that decision resulting in the draft single legal
instrument.
Ministers of Justice, Attorney's General and members of the
Permanent Representatives Committee of the African Union are
to meet in Arusha in early November 2007 to finalise the
document.
The 42ND SESSION OF THE AFRICAN COMMISSION ON HUMAN AND
PEOPLES' RIGHTS
(October 2007): The African Commission on Human and Peoples'
Rights will be meeting for its 42nd session in Brazzaville,
the Congo from 14 - 28 November. This year marks the 20th
year of the Commission's existence and the 25th year of the
adoption of the African Charter on Human and Peoples'
Rights.
Algeria, Tunisia and Rwanda are to present their state
reports to the Commission at its 42nd session.
The commissioners are: Pansy Tlakula (South Africa); Bahame
Nyanduga (Tanzania); Mumba Malila (Zambia); Sanji Monageng
(Botswana); Angela Melo (Mozambique); Musa Bitaye (The
Gambia); Reine Alapini Gansou (Benin); Yeung Kam John Yeung
Sik Yuen (Mauritius); Catherine Dupe Atoki (Nigeria); Soyata
Maiga (Mali); Zainabu Sylvie Kayatesi (Rwanda).
COALITION REGISTERED IN TANZANIA
(October 2007): The Coalition, which was formed as a loose
network to advocate for an effective African Court on Human
and Peoples' Rights, is now registered as a NGO in Tanzania.
It will be setting up a secretariat in Arusha from where it
will be functioning.
GOLDSTONE COMMISSION REPORTS ONLINE
(Johannesburg, 15 December 2006): In recognition of a
critical event leading to the creation of a legal framework
to regulate public protests within a human rights context,
the Human Rights Institute of South Africa (HURISA),
formerly the Institute for the Study of Public Violence and
Intimidation – a research and documentation institute of the
Goldstone Commission, has re-packaged the Commission’s
reports for wider distribution from 15 December. These
reports consist of submissions to the Commission and
verbatim evidence.
"It is thirteen years since the promulgation of the
Regulation of Gatherings Act No. 205 of 1993, and yet
ordinary South Africans continue to face obstacles in
exercising their right to assemble in public spaces," said
the former chair of the Goldstone Commission, former judge
of the Constitutional Court and current board member of
HURISA, Richard Goldstone. The Regulation of Gatherings Act
No. 205 of 1993 was a product of the Goldstone Commission.
The right to assemble and the freedom of expression are
fundamental civil rights in a democracy.
Violent confrontations between police and local communities
in the last three years, reminiscent of the dark days in
apartheid South Africa, are a scar in South Africa’s nascent
democracy. We are reminded of a seventeen-year-old boy that
was allegedly killed by the police during a march in Ntabazwe – a township on the outskirts of Harrismith in the
Free State province on 30 August 2004. The community members
were expressing their frustrations at government for poor
delivery of basic services, yet they were met with a barrage
of rubber bullets. The eruption of violence between
residents and the police at Khutsong in February 2006
following protests against the rezoning of their town from
falling under Gauteng Province to the North West Province is
further cause for concern. The Independent Complaints
Directorate has expressed concern at the excessive use of
force employed by police against peaceful protestors.
The Goldstone Commission played a pivotal role in South
Africa’s transition into a democratic dispensation. It also
laid the foundation for the eventual establishment of the
Truth and Reconciliation Commission.
Richard Goldstone added that “the culture of impunity and
infringement of fundamental rights that South Africa
witnessed in the past should not be repeated in our new
democracy.” During the period before the first democratic
elections, protest marches were generally regarded as a
privilege which was regulated by means of a permit. The
challenge that faced the Goldstone Commission at the time
was to recommend persuasively that protest marches ought to
be regarded as a right rather than a privilege.
The records include investigations, among other things, into
taxi violence in the country, the Boipatong Massacre, the
Shell House shooting, violence on trains, taxi violence,
hostel violence and the public
violence following the Chris Hani assassination.
EXPERTS TO SERVE ON WORKING GROUP ON THE DEATH PENALTY OF
THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
(Final communiqué of the 40th ordinary session of the
African commission on Human and Peoples' Rights - 29
November 2006)
The African Commission appointed six expert members to serve
on its Working Group on the Death Penalty. They are:
Ms Alya Cherif Chammari (Tunisia);
Ms Alice Alice Mogwe (Botswana);
Mr Mactar Diallo (Senegal);
Prof. Phillip Francis Iya (Uganda);
Prof. Carlson E Anyangwe (Cameroon); and
Prof. Mohamed S El-Awa (Egypt)
AFRICAN COURT JUDGES SWORN IN
Coalition for an Effective African
Court on Human and Peoples' Rights
The eleven judges of the African Court on Human and Peoples'
Rights were sworn in on Saturday 1 July 2006 in Banjul, the Gambia.
The judges met over three days. The first part of the
meeting was open to interest groups. Members of the African
Commission on Human and Peoples' Rights, ECOWAS Court of
Justice as well as NGOs were present at the meeting. The
judges then met in closed session to consider among
other matters their Rules of Procedure.
The seat of the Court was confirmed as being Tanzania. It
will most likely be located at the premises of the
International Criminal Tribunal for Rwanda in Arusha,
Tanzania. The ICTR is scheduled to complete its work by
2009.
-
Ms Sophia A B Akuffo (Ghana)
two-year term
- Mr G W Kanyiehamba (Uganda) two-year
term
- Mr Bernard Makgabo Ngoepe (South
Africa) two-year term
- Mr Jean Emile Somda (Burkina Faso)
two-year term
- Mr Hamdi Faraj Fanoush (Libya)
two-year term
- Mrs Kelello Justina Mafoso Guni (Lesotho) four-year
term
- Mr Jean Mutsuni (Rwanda)
six-year term
- Mr Fatsah Ougurgouz (Algeria)
four-year term
- Mr Modobo Tountry Guindo (Mali)
six-year term
- Mr El Hadji Guisse (Senegal)
four-year term
- Mr Gerard Niyungeko (Burundi)
six-year term
LAUNCH: RIGHT TO BASIC EDUCATION
Published by South African Human Rights Commission
13 June 2006
On June 13, 2006, the South African Human Rights Commission
(SAHRC) will launch the report on the ‘Right to Basic
Education’. This report is a culmination of the public
hearings on the right to basic education convened from 12–14 October 2006 by the SAHRC. The public hearings brought
together members of the public and other stakeholders to
dialogue and explore, among others, the meaning of the right
to basic education and to assess the realisation of this
right in South Africa. The hearings provided an opportunity
to examine the right to basic education from the
perspectives of the vulnerable groups in society, such as
those living with disabilities, farming communities and
those affected by HIV/AIDS. The report will be launched from
09h00–11h00 and will present the findings and
recommendations of the public hearings. The SAHRC
Chairperson, Commissioner Jody Kollapen, will launch the
report and hand it over to the Department of Education for
consideration.
After the launch of the report, the SAHRC will host an Open
Dialogue on ‘Youth and Human Rights’. The dialogue, to take
place between 11h30 and 13h00, is part of the SAHRC’s
activities to commemorate the 30th Anniversary of the 1976
Soweto Uprisings. Young people from different youth
structures such as students movements, civil society
organisations and government will attend the event. The open
dialogue will provide a platform to explore, from young
people’s perspectives, progress and challenges regarding
youth and human rights in South Africa.