THE CAIRO – ARUSHA PRINCIPLES ON UNIVERSAL JURISDICTION IN RESPECT OF GROSS HUMAN RIGHTS OFFENCES: AN AFRICAN PERSPECTIVE
The African tradition has always been to abhor gross human rights offences.
The principle of universal jurisdiction concerns the international community as a whole; it should therefore have a truly universal scope in its content, implementation and effects.
While it is generally preferable to try gross human rights offences in the State where they occurred, it is sometimes necessary, in order to avoid impunity, to make use of international tribunals or other national jurisdictions.
Most African States have accepted the principle of universal jurisdiction by becoming parties to instruments which provide for universal jurisdiction over certain crimes under international law, including under the 1949 Geneva Conventions, the 1973 Convention on the Suppression and Punishment of the Crime of Apartheid and the 1984 Convention against Torture. Many of those States, however, have not ensured that their courts can exercise jurisdiction in respect of gross human rights offences on the basis of universal jurisdiction.
In recognition of this, AFRICA LEGAL AID (AFLA) convened a meeting in Cairo from 30 to 31 July 2001 and in Arusha from 18 to 21 October 2002. The meetings brought together a number of leading experts from all across Africa and elsewhere to discuss and devise principles on universal jurisdiction from an African perspective.
The Principles are prompted, among others things, by a concern that certain offences which have particular resonance in Africa, such as the crime of apartheid, have so far not attracted prosecution under the principle of universal jurisdiction.
The Principles are aimed at assisting governments, in Africa and around the world, in exercising their powers and obligations, human rights organisations and legal practitioners in their attempts to pursue international justice, and advocacy and lobbying initiatives. They are also aimed at contributing to the progressive development of international law.
The starting point for these Principles is an awareness of existing law, as enshrined, for example, in the Rome Statute of the International Criminal Court.
In the particular context of the African Continent, however, there are additional considerations, including economic, social and cultural, that should be taken into account in trying to ensure the effective exercise of universal jurisdiction.
2. The principle of universal jurisdiction should apply not only to natural persons, but also to other legal entities.
4. In addition to the crimes that are currently recognised under international law as being subject to universal jurisdiction, certain other crimes that have major adverse economic, social or cultural consequences -- such as acts of plunder and gross misappropriation of public resources, trafficking in human beings and serious environmental crimes -- should also be granted this status.
12. In proceedings based on universal jurisdiction, States shall ensure that victims and witnesses receive adequate protection.
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Message of Support from H. E. Dr. Salim Ahmed Salim, Former Secretary General of the OAU and the Special Envoy of the African Union on the Darfur Situation to Africa Legal Aid on the Occasion of the 10th Anniversary Celebrations.
Accra, Ghana, October 21, 2005.
The Chairperson of the Board of Directors of Africa Legal Aid,
Madame Executive Director, Africa Legal Aid,
Distinguished Invited Guests,
Your Excellencies, Ladies and Gentlemen,
Allow me, at the outset to express my sincere apologies for not being with you today due to circumstances beyond my control. I had really been looking forward to join you on this important day, on the occasion on commemoration of two very important events, namely, the 10th Anniversary of the establishment of Africa Legal Aid, which also happens to be Africa Human Rights Day.
When I initially received the invitation from the Executive Director, a few months ago, inviting me to deliver a keynote address on the occasion of the 10th Anniversary of AFLA, I had just been appointed Special Envoy of the African Union to the inter-Sudanese Peace Talks on Darfur. My task as Special Envoy and Chief Mediator is to facilitate negotiations process for the Darfur crisis, which besides being a conflict threatening the peace and security of the Sudan is also one of the grave human rights situations in Africa today.
I hesitated to commit myself to the invitation, because I was coming into the Abuja negotiations at a time when a number of developments were taking place in Darfur and Abuja. Principally the negotiations had stalled and we needed a new momentum, which required confidence building among the different parties, in addition from promoting cohesion within one of the principal parties namely the Sudan Liberation Movement/Army.
Since that time, the Abuja talks have involved protracted informal and formal negotiations which have so far yielded very slow progress, and at certain points, we have had to work around the clock to ensure that the parties to the Darfur conflict are focused, so that we can eventually achieve a comprehensive piece and end the suffering of the tens of thousands of Darfur refugees who are scattered in camps in Chad and about two million others who are displaced in different places in Darfur.
As the day of AFLA commemoration approached, and bearing in mind the pace and content of the negotiations, I told the Executive Director that participation in the AFLA commemoration would depend on my commitment at the Abuja talks. As it turned out I have been deeply involved in the process since then, it has become difficult for me to be with you today, because until yesterday we were involved not only with an assessment of what we have achieved so far, but also in charting the way forward.
Madame Chairperson, Your Excellencies, Distinguished guests, ladies and gentlemen,
Today is a very important day, not only for Africa Legal Aid, which is celebrating its 10th Anniversary, but also for our continent as a whole.
As we celebrate ten years of AFLA, we also mark the anniversary of the entry into force of the African Charter on Human and Peoples’ Rights.
Today is Africa Human Rights Day.
In commemorating this day, I wish to join all of you, distinguished ladies and gentlemen assembled there today, to extend my support and sincere appreciation to Africa Legal Aid, for the wonderful work they have done during the last ten years, in promoting the ideals, principles, and objectives enshrined in the African Charter on Human and Peoples’ Rights, through their various activities.
In the last ten years, Africa Legal Aid has become very active in the area of dissemination of knowledge about the African Charter and the human rights situation in Africa generally, hence contributing significantly to the promotion and protection of human and peoples’ rights on the continent. I am advised that AFLA has now turned its attention to creating awareness in Africa about the work of the International Criminal Court and the international criminal justice system. Recent developments concerning investigations by the ICC in Africa make AFLA’s work in the fight against impunity in Africa very pertinent.
Africa has suffered great many violations of the human rights of its people over a long period of time. The history of slavery, colonialism, exploitation, racism, racial discrimination and apartheid which were vestiges of foreign domination are very fresh in our memories. Given this history, our people and the world at large have every right to expect that Africa will be in the forefront in safeguarding and promoting human rights. Yet despite considerable progress that has been made in the areas in respect of human rights, in many of our countries the sad reality is that there are still grave abuses and violations of the Rights of our people.
Africa still experiences unacceptable levels of human rights violations in many spheres. The memories of the Rwandan genocide, endless civil wars, and mismanagement of resources, in many African countries are still fresh in our minds and consciousness. Yet, we see situations where, any informed observer can conclude that, Africa has not drawn the relevant lessons from mistakes of the past. Conflicts continue to cause human suffering and loss of valuable human and material resources, which could be put to better use, in the fight against, ignorance, poverty, and diseases, such as HIV/AIDS, TB, malaria and other preventable diseases, which continue to kill our people.
Denial of women and children rights in our societies, the growing cases of xenophobia across the continent, the general violations of basic civil, political, social, economic and cultural rights, and impunity are the major threats to the enjoyment of human and peoples’ rights in Africa today.
As we therefore mark Africa Human Rights Day, and celebrate the 10th Anniversary of Africa Legal Aid, let us not forget that the struggle for the attainment of a higher degree of respect and guaranteeing of human and peoples’ rights in Africa continues. Let our government, Intergovernmental and non-governmental organizations, national institutions as well as civil societies as a whole re-double their efforts for the defense and protection of the dignity of our people.
In that respect, the African Union has committed itself to the noble objectives of ensuring that every individual in Africa shall enjoy his or her basic rights and fundamental freedoms, by ensuring that peace, stability, gender equality, economic and social development, and democratic governance are entrenched on the continent.
The involvement of the African Union in the search for a permanent solution to the Darfur crisis, through its peace keeping mission in the Darfur, and the negotiations in Abuja, are clear testimony to Africa’s commitment. Above all, it is indicative of our collective resolve to be in the forefront in overcoming crises in our continent and to create better conditions for our people.
In conclusion, I wish AFLA a very successful 10th Anniversary. I am confident that in the years to come AFLA will continue, and indeed redouble its impressive work for human and peoples’ rights in Africa.
HAPPY ANNIVERSARY AFLA.
Thank you.