The AU yesterday released a communiqué indicating that African heads of State who met in Equatorial Guinea between June 26 and 27 had adopted a resolution that incumbent presidents and prime ministers as well as other senior government officials would not be prosecuted by the African Court of Justice and Human Rights.
The African Court on Human and Peoples’ Rights and the Court of Justice of the African Union will soon merge to form the African Court of Justice and Human Rights to deal with international crimes.
The amendment to Article 46A of the Protocol on the Statute of the African Court of Justice and Human Rights reads: “No charges shall be commenced or continued before the Court against any serving African Union Head of State or Government, or anybody acting or entitled to act in such capacity, or other senior state officials based on their functions, during their tenure of office.”
“The decision by the Assembly of the African Union (AU) to grant sitting African leaders immunity from prosecution for genocide, war crimes and crimes against humanity is a backward step in the fight against impunity and a betrayal of victims of serious violations of human rights,” Amnesty International said in a statement today.
“At a time when the African continent is struggling to ensure that there is accountability for serious human rights violations and abuses, it is impossible justify this decision which undermines the integrity of the African Court of Justice and Human Rights, even before it becomes operational,” said Netsanet Belay, Amnesty International’s Africa Director for Research and Advocacy.
AI added that it was ‘deeply disappointed” that African leaders had decided to shield themselves from prosecution for serious crimes.
“Those responsible for serious human rights violations must face justice, irrespective of their official positions and the adoption of this amendment is a backward step in the long battle for accountability and human rights in Africa,” said Belay.
However, the International Criminal Court (ICC) can still try sitting leaders accused of human rights abuses.
AI has been advocating for denial of immunity to heads of State and government and senior officials suspected to have committed, or aided in the commission of, serious crimes under international law.
Several African leaders have in the past been accused of gross human rights abuses.
Post published in: News
There you are Africa’s despots you can now kill with impunity. That anyone should even imagine putting immunity of this nature on paper speaks of Africa’s shame. And then we wonder when the rest of the world treats our leaders like idiots, indeed idiots they are. Any self respecting democracy in Africa should dissociate itself from giving its leaders a licence to kill their own people.
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