The Working Group on the fight against impunity in Francophone African countries held its second meeting on 10 and 11 November 2016, in Lomé (Togo), thanks to the essential support of PGA Member, Hon. Jean-Joël Kissi and the National Assembly of Togo. The aim of the Working Group is to promote regional and domestic efforts for the ratification and implementation of the Rome Statute of the International Criminal Court (ICC), to allow experience sharing among Parliamentarians and to raise awareness on the need to prevent the most serious crimes of international concern. The first meeting was organized on 31 January and 1 February 2014 at the National Assembly of Côte d’Ivoire in Abidjan. In light of the recent withdrawals of Burundi, South Africa and the Gambia from the Rome Statute of the ICC, the Working Group also served as a forum for participants to discuss strategies that the parliamentarians across the continent, and especially in Francophone African countries, could develop to actively support the Court.
The 2nd Meeting of the Working Group saw the attendance of parliamentarians from several Western and Central African countries: Burkina Faso, Central African Republic, Chad, Côte d’Ivoire, Democratic Republic of Congo (DRC), Guinea, Mali and Senegal, as well as more than a dozen Members of the National Assembly of Togo.
Hon. Jean-Joël Kissi, National Assembly of Togo’s Chairman of the Foreign Affairs and Cooperation Committee; Colonel Damehane Yark, Togo’s Minister of Security and Civil Protection (representing H.E. Pius Agbetomey, Minister of Justice); Ambassador Nicolas Martinez Berlanga, Head of the European Union (EU) Delegation to Togo and Dr David Donat Cattin, PGA’s Secretary General, addressed the Opening Ceremony. After an introduction from Hon. Kissi, the EU Ambassador voiced his support for the fight against impunity, be it through domestic, sub-regional, regional, hybrid or international mechanisms. He pleaded with the participants to not forget the shared values and principles of human rights and international humanitarian law and, instead of taking a stand against each other, to create coalitions against impunity and putting full effect to these universal values. Colonel Damehane Yark then underlined how putting the blame as regards the crisis that the ICC has been facing was unproductive and how important it was for all stakeholders to discuss and find a solution instead – which would inevitably include creating and reinforcing domestic judicial systems capable of investigating and prosecuting all crimes while respecting human rights. Hon. Kissi, the EU Ambassador and PGA’s SG expressed their full support for the universality and effectiveness of the Rome Statute system, and called for renewed cooperation by all States Parties with the Court and for Togo’s ratification of the Statute.
Afterwards, the Working Group exchanged on specific themes relevant to the fight against impunity in the sub-region. Based on the fact that their discussions stemmed from their own experiences and the situation of their respective countries, the participants shared deep concerns about the relationship between the ICC and some African countries, as well as regional organisations such as the African Union (AU).
Indeed, they all deplored the intention of some African states to leave the ICC and tried to identify areas in which Parliamentarians and other stakeholders could act to raise awareness about the Court and improve support of African people, civil society and relevant national authorities for the ICC.
On 11 December, the participants took part in a Question-Time with Mr Amady Bâ, Head of the Cooperation Division at the Office of the Prosecutor of the ICC. The session proved utmost useful, as Parliamentarians were allowed to voice the concerns of their constituents regarding the fight against impunity and more specifically, the activities and functioning of the ICC. Mr. Bâ explained the principles that guide the work of the ICC, highlighting the independence of the Office of the Prosecutor, and rebutted the raised criticism regarding the perceived targeting of African countries by the ICC. All participants engaged in a fruitful dialogue and agreed that much work is needed to debunk misconceptions about the ICC and raise awareness about the Rome Statute and the ICC framework. Participants particularly appreciated Mr. Ba’s briefings concerning the ICC preliminary examinations in Guinea and the ICC investigations and prosecutions in CAR, Cote d’Ivoire, DRC and Mali, as well as the the good cooperation received by the Court from francophone African States, including Burkina Faso, Mali and Senegal.
At the end of the meeting, the Working Group discussed and adopted the Lomé Action Plan, through which the Parliamentarians present made express commitments to further the fight against impunity in Francophone Africa, while denouncing the withdrawals from the Rome Statute.
The Action Plan and the outcomes of the meetings were afterwards presented to H.E. Amb. Nicolas Martinez Berlanga, Head of the Delegation of the European Union in Togo during a meeting held with a delegation of legislators from Francophone African countries. The delegation discussed the ways forward for the EU to bolster the efforts in the fight against impunity in Francophone African countries. The Ambassador welcomed the results of the meeting of the Working Group and the commitment to international justice demonstrated by the Parliamentarians. In this respect, he pledged his strong support to initiatives which would be conducive, amongst others, to strengthening the national justice system and the national capacity building. The visit to the EU Delegation allowed all participating MPs to address lingering concerns voiced by a Togolese legislator, who also underlined that it would be very difficult for Togo to ratify the Rome Statute in the current problematic context. The delegation thanked the EU for its engagement and highlighted the importance of the partnership with the EU, while reaffirming the role of parliamentarians as problem-solvers and political-will builders around issues of common interest, such as the fight against impunity.
Africa, African parliamentarians and the ICC
The central role of PGA and the Working Group on the fight against impunity in Francophone African Countries is to reinforce the role of parliamentarians, thus further the democratization of the decision-making process regarding the fight against impunity. In that regard, the 2nd meeting of the Working Group was an excellence opportunity as not only the host country, Togo, has not yet ratified the Rome Statute, but also given a pressing need for representatives of the African peoples to rally in support of the ICC, especially at international and regional fora.
All participants shared the same concerns regarding the relationship between African States and peoples and the ICC. They expressed deep regrets at some countries’ intention to withdraw and invited them to reconsider their decision to withdraw. They also proclaimed their commitment to using their parliamentary networks and encouraging their governments to ensure that no resolution on a mass withdrawal be adopted by the African Union in the coming year.
Parliamentarians from countries that had already spoken out during the July 2016 AU Summit in Kigali (Rwanda), such as Côte d’Ivoire and Senegal, pledged to support their government in keeping this strong position and opposing any anti-ICC rhetoric. Parliamentarians from the remaining countries emphasized their commitment for justice and the dedication to the Rule of Law, while reiterating on many occasions, that the withdrawal from the Rome Statute is not a solution and will only bring suffering to the citizens.
The parliamentarians also called on international stakeholders, and especially the EU, to consider the fight against impunity a pillar stone in their international relations, as well as support capacity-building initiatives in domestic judicial systems. Participants also underlined several times the need for the ICC to engage with African citizens on a broader and more efficient basis, in order to raise awareness and prove misconceptions wrong.
The participants agreed to reconvene to discuss a regional strategy, at the occasion of the upcoming 9th Consultative Assembly of Parliamentarians on the International Criminal Court and the Rule of Law (CAP-ICC) which takes place on 9-10 December 2016 in Dakar (Senegal).
The fight against impunity in Francophone African countries
All participants renewed their commitment to the universality of the Rome Statute and to the fight against impunity. They pledged to urge their governments to ratify and implement the Rome Statute to further the ideal of universal justice. For this purpose, they acknowledged the significance of working with civil society organizations in order to promote the ICC, reminding that the plight of the victims should be a paramount concern. The participants also committed to promoting ratification of the Kampala Amendments on the crime of aggression and the activation of the Court’s jurisdiction in that regard. They also recognized the importance of the contributions to the Trust Fund for Victims, through which the ICC realizes its restorative mandate.
Members of the Parliament of the Economic Community of Western African States (ECOWAS) expressed their vow to use their regional mandate to promote the universality and integrity of the Rome Statute. They also decided to address within the regional organization the root causes of the endemic crises and conflicts affecting the region and leading to the commission of many international crimes, including sexual and gender based violence.
Hon. Reine Bertille Sakandé Benao, Member of the National Assembly of Burkina Faso and of the ECOWAS Parliament, Chairwoman of the Gender, Protection of Women and Social Protection Committee and PGA Member, underlined that it is the duty of parliamentarians to fully and faithfully represent their constituency and their rights as victims. She notably pledged to support the work and findings of the Commissions of inquiry set up in Burkina Faso after the popular uprising of 2014, as well as the investigations made into international crimes, including the terrorist attack of January 2016 in Ouagadougou.
While denouncing the withdrawal from the Rome Statute by Burundi, Hon. Paul Dehé, Member of the National Assembly of Côte d’Ivoire and PGA Member, used the example of Côte d’Ivoire to highlight that Party States should remain within the ICC system and settle their differences with the Court within the existing judicial process. The fear of being prosecuted that some officials might experience should not dictate the right of access to justice of victims. He committed to working towards the adoption of a law on cooperation with the ICC in Côte d’Ivoire, as well as the effective cooperation of the authorities with the investigations and prosecutions the Court is currently undertaking.
Hon. Fodé Amara Bocar Marega, Member of the National Assembly of Guinea and PGA Member, underlined that when impunity is defeated Heads of States live with a threat hanging over them, which is why they prefer to blame Western countries. He emphasized that African victims often do not have legal avenues they can take to get justice and if the ICC provides them with one, it is crucial that parliamentarians fight to ensure its longevity. He pledged to work with its peers to achieve ratification of the Kampala Amendments and to mobilize the Guinean government to ensure both support to the national judicial institutions and full cooperation with the ICC with regards to the investigation into the 28 September 2009 events.
Hon. Aissata Touré Diallo, Member of the National Assembly of Mali, Chairwoman of the Foreign Affairs Committee and PGA Member, while underlining that the ICC does suffer from an image deficit in Africa and that the issue does need to be addressed, stated that cooperation with the Court remains nonetheless crucial to the fight against impunity. She vowed to engage with her colleagues with the aim of adopting a law on cooperation with the ICC, as well as ensuring effective complementarity in the prosecution of international crimes committed in Mali, including by violent extremist groups.
Hon. Laurent Ngon-Baba, Member of the National Assembly of Central-African Republic, Chairman of the Legislative Affairs Committee, former Minister of Justice and PGA Member, declared his support to regional parliamentary strategy to fight impunity and misconceptions around the ICC. He committed to supporting in any way possible the effective establishment of the Special Court, as well as ensuring that domestic authorities would cooperate fully with the investigations and prosecutions carried out by the ICC.
Hon. Dieudonné Upira Sunguma Kagimbi, Member of the National Assembly of Democratic Republic of Congo, elected in the region of Ituri, and Chairman of PGA’s National Group, underlined how the recent visit of the Office of the Prosecutor in Kinshasa on the day the opposition protests took place was crucial in ensuring that no violence erupted. He and Sen. Isabelle Kabamba wa Umba (DRC), Treasurer of PGA’s National Group, both pledged to work in their respective houses to reach the ratification of the Kampala Amendments and promote full and effective cooperation with the ICC. She also highlighted that for the existence of the Court, it is essential that States cooperate fully and effectively not only with the ICC but also between themselves.
Hon. Mamadou Lamine Thiam, Member of the National Assembly of Senegal and of the ECOWAS Parliament and PGA Member, highlighted the need for a coalition of countries to launch an awareness “attack” to enshrine once more the Rule of Law and the fight against impunity as pillars of our communities. He expressed strong support for the ICC and denounced the unjustified criticism against its activities. He vowed to work towards the ratification and implementation of the Kampala Amendments, including those on the crime of aggression, by his country.
Hon. Théophile Madjitoloum Yombombé, Member of the National Assembly of Chad and PGA Member, demonstrated how implementing the complementarity principle existing under the ICC system benefits a wide range of countries, including those like Chad that face violent extremist groups’ attacks. He declared he would do his utmost best to mobilize his colleagues and ensure that a legislation implementing the Rome Statute be adopted.
Universality of the Rome Statute in Togo
Parliamentarians of Togo present showed much interest into discussions about the workings of the ICC and the process of ratification of the Rome Statute. Hon. Dermann Assouma, Chairman of the Human Rights Committee, expressed the firm belief that, notwithstanding the current controversies, it would be in the best interest of Togo to join the Rome Statute and benefit from the complementary jurisdiction of last resort provided by the ICC. He pledged to continue to work with PGA and joined the organization. Hon. M’Bouké Yao Atchi, Member of the National Assembly of Togo and of the Health, Population and Social Action Committee, inquired about the content of the Rome Statute and other working regulations of the ICC. He also underlined that the main objective is to build and reinforce capacity in African countries so that criminals could be tried there.
Led by the leading PGA Member, Hon. Jean-Joël Kissi, Togolese MPs attending the second days of the proceedings all committed to promoting the fight against impunity and ratification of the Rome Statute, which encompasses overcoming the relevant legal, administrative and political obstacles. They also pledged to continuing the reform of the domestic framework for criminal justice, in order to make sure that the national courts are fully able to fulfill their primary duty of investigating and prosecuting international crimes.
The Togolese participants also decided to request their government to join the group of States that support the ICC, including in taking firm public position during AU Summits, and emulate Algeria – another non-party State that nonetheless stood against a resolution on mass withdrawal during the 27th AU Summit in Kigali.
