April 23 - 24, 2009 | Nairobi, Kenya
The Workshop attracted Delegations of prominent Parliamentarians from Tanzania and Uganda, as well as leading PGA Members from Sierra Leone, Suriname and the host country itself, Kenya, including the Speaker of the National Assembly of Kenya, Hon. Kenneth Marende MP, two currently serving Judges from the ICC, representatives from the EU Council and the EC Delegation and the diplomatic community in Kenya and a number of civil society officials drawn from those NGOs most closely involved in ICC and international justice related advocacy work in Kenya today.
During the course of two working days, steered by the able guidance of PGA Kenya National Group Chair Hon. David Musila MP, a series of presentations were made on the issue of implementation of the Rome Statute of the ICC. The different challenges encountered in different countries, and how they were addressed, were also reflected on at some length. Taking place against the background of widespread national discussion on the viability of a Special Tribunal to try those implicated in the post-electoral violence that took place in January 2008 in Kenya, the Workshop also generated considerable discussion and comment on the underlying cornerstone attribute of the Rome Statute - its role as a complementary institution - a Court that will only intervene if a State Party is unwilling or unable to do so.
A point of particular importance that was reiterated and echoed throughout the proceedings of the Workshop was the entirely specious and spurious nature of the alleged 'anti-African' disposition or agenda of the ICC. Both ICC Judges participating in the Workshop, Mrs. Joyce Alouch from Kenya and Prof. Daniel Ntanda Nsereko of Uganda, explained why such allegations are utterly misconceived, and without foundation. Their arguments were widely reported in Kenyan national media.
In terms of implementation of the Rome Statute, the following observations and conclusions were made:
KENYA: The International Crimes Act (implementing the Rome Statute) was approved by the National Assembly of Kenya on 11 December 2008, assented to by the President on 24 December 2008 and subsequently published in the Official Gazette of Laws on 30 December 2008. In order for the Act to enter into force, however, and consistent with the practice in many common law countries around the world, a commencement order must be made by the relevant Government Minister indicating the date of entry into force. It is hoped that this will take place in the near future.
UGANDA: The multi-party PGA group undertook to adopt the International Crimes Bill (formely ICC Bill, tabled in 2004 and 2006 in Parliament) within 2009. The Bill requires a second and third reading in the Legal and Parliamentary Affairs Committee and the plenary of Parliament. Ugandan PGA MPs have invited ICC Judge Nsereko, who also addressed the Workshop, for a special session of Parliament to provide guidance to the entire National Assembly of Uganda on the need to cooperate with the ICC.
TANZANIA: The delegation, led by former Prime Minister and Vice President John Samwel Malecela, undertook to have a Draft ICC Bill on implementation by July 2008, in view of prospective Cabinet approval and for transmission to Parliament. The office of the Attorney General is currently reviewing the South African ICC implementing legislation as a useful reference, but a copy of the relevant counterpart legislation in Kenya was provided to the Tanzanian Delegation who indicated that it would be most helpful in their preparation of a national draft bill.
All MPs - approximately 25 in number - agreed on a final Statement (see link below) drawing them to the objectives of the Campaign for the Rome Statute of the ICC, including countering the anti-ICC propaganda currently being propagated at the African Union.
The Campaign for the Rome Statute of the ICC is most grateful to the European Union, the National Assembly of Kenya and the Governments of The Netherlands, Belgium and Switzerland for their invaluable support in making this Workshop possible, as well as to the Governments of Sweden and Denmark for their core support to PGA.
