 |
By Standard Team
NAIROBI, KENYA: Africa’s relationship with the International Criminal Court faces an acid test today (Saturday), with 54 heads of state and government holding an unprecedented summit on the global body.
On the table for the continent on the ICC — which has been accused of targeting African leaders — are three key proposals, according to sources.
The most drastic — mass withdrawal from the Rome Statute — is expected to feature, though Kenya’s Foreign Secretary Amina Abdalla insists Kenya has not made such proposal. Of the 112 signatories to the Rome Statute, 34 are African, the largest single block.
The other two proposals at the summit are a deferral of the cases facing President Uhuru Kenyatta and his deputy, William Ruto, and a push to reform the ICC.
President Kenyatta and his deputy, Ruto, insist on their innocence.
That Kenya has marshaled the whole continent, with initial reports indicating 53 of the 54 countries are supportive of Nairobi’s position, should be of concern to the ICC, previously accused of turning into “a political instrument” of persecuting the continent by the West.
Opening the meeting of foreign ministers in Addis Ababa, Ethiopia, yesterday ahead of today heads of state summit, Ethiopia’s Foreign Minister Tedros Adhanon was categorical that ICC must respect Africa.
“We should not allow the ICC to continue to treat Africa and Africans in a condescending manner,” he said, adding he expected the AU to come up with recommendations.
Political instrument
“Far from promoting justice and reconciliation, and contributing to the advancement of peace and stability in our continent, the court has transformed itself into a political instrument targeting Africa and Africans,” he claimed.
Algeria’s Ramtane Lamamra criticised what he said was non-responsiveness of the ICC. “The general feeling is that the African members states ... would rather prefer an ICC that would be responsive to our requests.”
According to reports, even South Africa’s powerful ruling party, the African National Congress ( ANC), spoke of a “judicial coup” in connection with the Kenyan leaders and said there was clear evidence “that the ICC is used more to effect regime change in the majority of cases.”
The anti- ICC feeling in Africa has been bolstered by the fact that major powers, including the United States, Russia and China, are not members of the global body. In recent months and weeks, African leaders have lambasted the ICC — whose single conviction is that of an African and all cases (termed situations) under investigation or trial are from the continent — including at last month’s United Nations General Assembly in New York and the African Union summit in Ethiopia, in May.
Today’s African Union agenda has the support of all countries except Botswana, which has consistently backed the ICC, sources say.
“Kenya has overwhelming support, with 53 of the 54 AU member countries supporting it on ICC. Africa’s odd man out is Botswana,” said the source.
The AU summit comes at a time when President Kenyatta has sought stoppage of his trial, saying he had substantial evidence to show prosecution witnesses fabricated evidence after receiving bribes.
Perhaps in appreciating the gravity of the matter, the President of the Assembly of States Parties to the Rome Statute, Tiina Intelman, acknowledged in an opinion piece yesterday that the court has this year been faced with challenges that must be addressed.
And former UN boss Kofi Annan, who conveyed the famous envelope that landed the Kenyan leaders at The Hague to former Prosecutor Moreno Ocampo, has weighed in to advise against withdrawal from the Rome Statute, as have 130-odd human rights organisations.
Yesterday, Intelman said: “In light of the challenges that the Court has faced over the past year, many States Parties have expressed to me their wish to engage and constructively address issues of concern with other States Parties”.
She urged AU and African States Parties to focus on “consolidating suggestions and proposals” ahead of an annual assembly to be held between November 20-28 this year.
In the countdown to the AU summit, there have been telltale signs that President Kenyatta is in a dilemma on whether or not to travel to The Hague to stand trial.
Parliament is unequivocal in its resolve to repeal the Crimes Act, which domesticated the Rome Statute and hence effectively severe relations with the ICC.
President Kenyatta risks inviting a warrant of arrest if he snubs the ICC, a move that would make him the second sitting African head of state after Sudan’s Hassan Omar al-Bashir. Ruto was expected to jet in last night or this morning, to fill in for the President who is travelling for the Addis Summit. He jets out on Sunday evening to be present at his trial on Monday, affording him and President Kenyatta a hectic schedule.Last month, Kenya was a victim of a terror attack, and the President has been at the forefront of spearheading measures to counter terrorism and insecurity. Speaking on the sidelines of the AU Council of Ministers yesterday, Foreign Secretary Amina Mohamed said talks were progressing well.
Reports indicated overwhelming consensus that the relationship between Africa and ICC must change in a big way.
Member states, sources said, were of the view the ICC was too concerned with Africa and had turned a blind eye to other parts of the world where “massive crimes against humanity had been committed”.
The Council of Ministers reportedly resolved that the continental bloc would support “whatever stand Kenya took on the ICC matter”.
Majority Leader in Parliament Adan Duale has stated that Kenya will not accede to international pressure to surrender suspects to ICC, let alone subjecting the president to criminal trial. “We are saying never in the history of Kenya shall we allow any of our citizens, whether it is a president or deputy president or an ordinary citizen…to be tried by a foreign court,” said Duale.
Rome Statute
But Minority Leader Jakoyo Midiwo scoffed at the push to pull Kenya out of the Rome Statute, saying it faces serious hurdles at home and abroad.
“After the Motion was brought to Parliament, the opposition took a stand. We argued strongly against it and the backing we have received internationally forced the government to shelve it. I think it is going to be the same thing if such a Motion were to be reintroduced in Parliament again,” said Midiwo.
The chair of the African Union Commission, Dr Nkosazana Dlamini-Zuma, said the summit had been convened at Kenya’s request to review Africa’s relations with the international court.
In the countdown to the summit, a number of African countries, including South Africa, Nigeria, Senegal, Uganda, Tanzania, Rwanda, Ghana and host Ethiopia, had expressed support for Kenya.
Kenya’s former Permanent Representative to UN Environment Programme (Unep) David Kikaya credits Kenya for its capacity to pull off an extraordinary summit.
However, Kikaya — who teaches at United States International University — warns of imminent backlash should AU support Kenya’s bid to withdraw from the Rome Statute.
“We went into it well aware of the consequences. It is going to reflect poorly on Kenya’s image given that Nairobi hosts UN offices and in addition to be a regional headquarters of many international organisations. It is because of the country’s stature in the world that the many of these bodies have a presence in Nairobi,” he explains.
The shuttle diplomacy that began during the tenure of former Vice-President Kalonzo Musyoka saw Nairobi attempt to placate African states to its corner against the ICC.
The campaign has so far resonated well with several African governments with ICC Chief Prosecutor Fatou Bensouda describing it as club of leaders who thrive on impunity and blatant violation of human rights.
The don predicts majority of AU members will vote for withdrawal from the Rome Statute, but the presence of heads of state at the meeting will give an indication of the acclamation and commitment to the resolution.
“Some governments will downgrade their representation to diplomats and ministers, which may not augur well for Kenya,” he adds.
Even as AU meets, there is a spirited push by influential international civil society organisation for Africa to remain state parties in the Rome Statute.
In a letter to the heads of state attending the summit, 130 civil society groups from 34 African countries have opposed the push to pull out of ICC. The groups said: “African countries should support the ICC as a crucial court of last resort, including for its current cases on crimes committed during Kenya’s post-election violence in 2007-2008”.
No comments:
Post a Comment