Bringing An African Dictator To Justice

By NDUNG’U WAINAINA

The arrest of warlord Charles Taylor after his indictment was unsealed in June 2003 by UN-backed Sierra Leone Special Court cast a bright hope to conflict ridden Africa with dictators towering and trampling on rights of innocent citizens. Africa has for a long time been dominated by leaders who have constantly and consistently been unleashing in deliberate and indiscriminate manner terror with impunity to civilians. To address this phenomenon, AU council of ministers endorsed a plan of action against impunity in 1996. Subsequently, African leaders made a commitment through a declaration in 2000 to condemn genocide, crimes against humanity and war crimes in the continent and pledged to cooperate with relevant institutions in the continent and outside that are set up to prosecute perpetrators. However, the Charles Taylor case has exposed African leaders as lacking common approach in combating impunity and preserving emerging fragile peace and democracy in the continent.

Charles Taylor’s trial in the Sierra Leone Special Court constitutes crimes against humanity and war crimes in Sierra Leone and the neighboring countries including his home country, Liberia. He is accused of masterminding massive killings, amputations, mutilations, sexual offences including sexual slavery and rape, recruitment of child soldiers and adductions. Across Central Africa, former US-backed Chad dictator Hussein Habre is facing trials in Belgium whose anti-atrocity law allow its courts to hear cases from all over the world. Habre extradition to Belgium was a wake up call to dictators in Africa and elsewhere, and warning them that if they commit atrocities they could also be brought to justice one day and not necessary in their respective countries. Habre extradition came shortly after another interesting scenario where the House of Lords in London stripped the former Chilean dictator Augusto Pinochet of his immunity and had him flown back home from exile to face prosecution.

The arrest of Charles Taylor and final prosecution are crucial actions that will contribute significantly to securing peace, justice and accountability in Liberia and its tormented neighbors where Taylor had established and sponsored an empire of militias to terrorize and overthrow governments in West Africa in return for concessions to exploit diamonds and other natural resources. African leaders, majority of whom have opted to keep quiet over the Taylor issue, need to recognize the essential role that justice plays in maintaining peace, political stability and promoting rule of law. Impunity does not serve the interests of Africans whose lives have been ruined by either state or non-state actors sponsored armed groups who are beneficiaries of impunity.

An attempt to insulate or shield human rights violators flouts both international human rights law and humanitarian law and it is an affront to innumerable victims of these atrocities. Complicity to candidly deal with perpetrators of war crimes, genocide and crimes against humanity in Africa has significantly continued to contribute to escalation of conflicts. Nobody is accusing African leaders that they are not doing much to address the human rights violations in Africa but they need to appreciate the existing gaps in the continent in terms of capacities, institutional and resources and why it is important to cooperate and work with the international community in dealing with complicated human rights abuses and accountability processes. The unwillingness to address the problem of impunity is inconsistent and incompatible with the fundamental principles of Constitutive Act of the African Union particularly condemnation and rejection of impunity. Africa’s conflicts are caused by widespread impunity which t

akes the form of massive human rights atrocities, large scale pillage of public resources, illegal extraction and sale of primary resources and systematic discrimination on ethnic or religious grounds. This calls for strengthening of institutional commitment and capacity to monitor and address human rights violations continuously and to take proactive actions to intervene.

Bringing Charles Taylor and other dictators to justice other than its importance in establishing rule of law and deterring future human rights violations, give victims an opportunity to know the truth about the past and seek reparations for these violations. In addition, prosecution of perpetrators assists in interrogating the content of democracy and institutions supporting it.

Transforming political and bureaucratic institutions including getting human rights violators in these institutions is a direct confirmation that impunity won’t be tolerated and those committing atrocities regardless of their positions would be held fully accountable.

The leadership of various armed groups roaming in the Democratic Republic of Congo, Darfur in Sudan, Northern Uganda and Somalia need to take Charles Taylor’s lesson seriously. The arrest and transfer of Thomas Lubanga in DRC to International Criminal Court in The Hague, and indictment of rebel leaders in Northern Uganda and Darfur to the same court has opened a new chapter in pursuing justice for human rights violations. Prosecution of these people in the ICC would contribute substantively in restoring peace and stop the widespread systematic attacks against the civilians in the Great Lakes Region. Sustainable peace and democracy is not exclusive of justice.

The African Union needs to facilitate the consolidation of the gains obtaining from these latest actions in the justice front through implementing the Memorandum resolutions of Conference on Security, Stability, Development and Cooperation in Africa (CSSDCA) adopted in 2002. It is also imperative to redesign and strengthen the peace building and post conflict reconstruction mechanisms in Africa to include justice and accountability mechanisms. Since African leaders have at least shown political will to intervene and address the conflict crises, it is crucial for the international community including UN Security Council to adopt strategies that create conducive environment for positive engagement and partnership in handling Africa problems.

Financial commitment is only one way but more significant is development of institutions with capacity to intervene rapidly and curtail escalation of impunity.

(Writer is a Programme Officer, NCEC and Director, International Center for Policy and Conflict)
wainainagn@yahoo.co.uk

Source: Kenya Times, March 31, 2006

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