Rights groups say sitting presidents should not be given immunity

posted in: Africa

Dakar, Senegal (PANA) – Rights groups from 19 countries issued Tuesday a joint statement saying a proposal to give immunity to sitting government leaders before Africa’s regional court would be a ”major setback for justice for grave crimes”.

The statement, which was published by the Ghana-based Media Foundation for West Africa (MFWA) on behalf of other rights groups, came ahead of a meeting of Justice Ministers and Attorney Generals of African Union member countries, slated for 15-16 May in Addis Ababa, Ethopia.

According to the MFWA, the meeting will consider a draft protocol to expand the authority of the African Court on Justice and Human Rights to include criminal jurisdiction over genocide, war crimes and crimes against humanity.

It is also pointed out that a proposal providing immunity for heads of state and senior government officials from prosecution for such crimes is being considered as part of the amended protocol.

“Exempting sitting heads of state and senior government officials from African Court jurisdiction on grave crimes would shield the powerful from the reach of the law,” Sulemana Braimah, MFWA’s executive director, remarked.

“This is fundamentally at odds with the AU Constitutive Act, which rejects impunity,” he added.

The consideration of the draft protocol is said to have come at a time of intense opposition to the International Criminal Court (ICC) by some African leaders.

The statement also highlighted a comment made by Thuso Ramabolu, human rights officer at Lesotho’s Transformation Resource Centre.

“Impunity remains one of the biggest threats to human rights protection in Africa,” he said.

“It is crucial for people responsible for mass atrocities to face justice, irrespective of their official positions. Immunity poses grave alarm and would create an incentive to hold on to power indefinitely.”

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