 |
|
| Author |
 Topic  |
|
|
brikama
USA
35 Posts |
 Posted - 23 May 2008 : 22:39:11
|
http://allafrica.com/stories/200805191196.html
The Gambia Dragged to Ecowas Court Again?
Public Agenda (Accra)
OPINION19 May 2008
Posted to the web 19 May 2008
The campaign of the Gambia Task Force, which is a joint effort of Africa Legal Aid (AFLA) and the Commonwealth Human Rights Initiative (CHRI) to end impunity in the Gambia, is beginning to yield results. Following persistent urges by the Task Force, there are unconfirmed reports that Ghana may have lodged a complaint against Gambia.
If this is true, AFLA welcomes it with skepticism and maintains that the most appropriate forum-the International Criminal Court, should be urgently utilised. Firstly, the case against Gambia involves crimes against humanity as much as Human Rights violations. These include suspected extra judicial executions like the murder of 50 West Africans that included about 44 Ghanaians in July 2005, and torture, allegedly perpetuated by high profile individuals. These can only be satisfactorily tried by the International Criminal Court.
Secondly, although it may have Human Rights jurisdiction hence promising authoritative pronouncements on the Human Rights perspectives of the case, the ECOWAS Community Court of Justice will not competently address the criminal dimensions of the case simply because it is not a criminal court. This has far reaching implications on the remedies that it can offer. Notably, it cannot indict or pronounce repellant punishments against the perpetrators of some of the gravest crimes against humanity.
Thirdly, on the 12th December 2007, the Gambia Task Force submitted a complaint on Human Rights violations in The Gambia to the African Commission on Human and Peoples' Rights'(communication 356/2007), which is a regional level Institution. A similar complaint from the Ghana Government before a sub regional Human Rights Court might not make any significant difference. In the likely event that they are both successful, one wonders what practical significant difference will be between the remedies offered by the two fora. This might emerge as a classical example of duplication; a duplication that comes with a cost, both in resources and valuable time that would be used to come to the rescue of an endangered population.
Fourthly, Gambia has not shown due respect for the ECOWAS court. It should be remembered that the hearing of the case of the disappearance of journalist Ebrima Manneh, which was filed by the Media Foundation of West Africa (MFWA) on June 20, 2006, in the ECOWAS Court was repeatedly postponed due to lack of government representation at the proceedings. Similarly, the hearing of the case filed by the MFWA over the March 2006 illegal detention and torture of journalist Musa Saidykhan- editor of the independent newspaper is being delayed by lack of government representation. The Gambian government is even reluctant to respond to the torture allegations before the Court. This contemptuous attitude of Gambia towards country addressed procedures can be traced from its last minute unjustified failure to send a government delegation to the UN Human Rights Committee. The Human Rights Committee was to consider the situation of civil and political rights under the International Covenant on Civil and Political Rights in the Gambia in 2002. In spite of a diplomatic note addressed by the Permanent Mission of The Gambia to the Secretary-General of the United Nations, which was confirmed in writing by a further communication, that a high-level delegation would attend the hearing before the Committee, that delegation failed to appear. This was after the Committee had previously agreed to Gambia's request for a deferral of consideration of the country situation, in the light of the country's commitment to send a delegation. Gambia should therefore be noted as a country that plays delaying tactics with complaint procedures of whatever level. It is therefore more probable than not that a case at the ECOWAS Court will take a similar twist. In cases of crimes against humanity, justice delayed is actually denied. That behaviour trend can only be countered by hitting the nail on its head, which is aiming at the natural persons involved. The time is therefore opportune to have the perpetrators of crimes against humanity in the Gambia brought before the International Criminal Court to personally face justice. It would not only set a good repulsive precedent for Africa, but also ensure Justice is seen to be done. The competence and clout of the International Criminal Court would boost the campaign to end impunity in the Gambia.
--------------------------------------------------------------------------------
Copyright © 2008 Public Agenda. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com).
--------------------------------------------------------------------------------
|
Edited by - brikama on 23 May 2008 22:40:49 |
|
| |
Topic |
|
|
|
| Bantaba in Cyberspace |
© 2005-2024 Nijii |
 |
|
|
Topic Locked
