The Centre for Democracy and Development is pleased and honoured to announce that Dr. Tajudeen Abdul-Raheem (1961- 2009) the founding chair of our International Governing Council has been awarded the 2009 ‘African of the Year’ by the Daily Trust. In a colourful ceremony which held Wednesday, January 20, 2010 Tajudeen was named as the winner of the award while Sudanese journalist Lubna Ahmed al-Hussein was adjudged the runner up. The award comes with a cash prize of $50,000 sponsored by the United Bank for Africa (UBA).
The event which was held at the Transcorp Hilton had in attendance Tajudeen’s widow Mounira, his daughters Aisha and Aida, CDD Director Dr. Jibrin Ibrahim, Chair of CDD IGC, Dr. Kole Shettima, Mrs. Winnie Madhkizela-Mandela, Ghanaian MP Mrs. Samia Nkrumah among other guests.
A moving citation read by the Chair of the Daily Trust African of the Year International Advisory Board, Dr. Salim Ahmed Salim, former Prime Minister of Tanzania and former Secretary General of the OAU extolled the virtues of Dr. Tajudeen Abdul-Raheem whom he said still speaks even in death and is recognized for his tremendous contributions to the development of the African continent. Dr. Salim said “we are aware that the next generation will not grow up to see Tajudeen, therefore, we must work together to create a better society such that we could say to the next generation: this is the world Tajudeen helped to build”. The citation further recalled Tajudeen’s contribution to the Pan-African movement especially his role as the General Secretary of the 7th Pan African Congress Secretariat in Kampala Uganda.
Dr. Salim recalled that “the Congress was overshadowed by the unfolding genocide in Rwanda. In response, Tajudeen accompanied a delegation from the Pan African Movement to Rwanda, for a first hand assessment of what was going on in the country, but the delegation fell into an ambush near Kigali from which Tajudeen was lucky to escape unhurt. Although he survived that attack in 1994, he was less fortunate 15 years later in 2009, as he died in a motor accident in Nairobi while on his way to Kigali, again”.
Dr. Salim noted that “Taju spoke the truth to those in power. He boldly took to task African leaders who did not have the courage of their convictions, including publicly critiquing Ethiopian Prime Minister Meles Zenawi for the cumbersome and restrictive visa regime at the seat of the African Union.”
CDD wants to thank all who have stood by Tajudeen’s family, we are proud of this award, although Tajudeen did not live to see this award. We are working assiduously to be able to say, in the words of Salim – “this is the world Tajudeen helped to build.” We thank the Chair and members of the Daily Trust African of the Year International Advisory Board, as well as the management of the Daily Trust and the United Bank for Africa. We think this award is a recognition and an encouragement for us all to continue to project Tajudeen’s ideas and to continue his legacies. This is why the CDD is happy to be involved with the discussions to set up the Tajudeen Foundation.
Saturday, January 23, 2010
Civil Society Organisation's News Release on the Current Political Impasse and the call for Defence of Constitutional Democracy in Nigeria
Highly concerned by the vacuum in governance created by the prolonged absence of President Umaru Musa Yar’ Adua, for 60 days, without empowering his Vice to act in his absence as expected in the Presidential System of government;
Conscious of the antics of Presidential handlers and anti-democratic elements acting as a cabal that has taken over the reign of executive decisions;
Determined to oppose the political and constitutional manipulations aimed at the sectional and undemocratic control of the sovereignty of the Nigerian people by a cabal without their consent and the approval of the Parliament;
Further determined to oppose the sinister project which if allowed could prolong the vacuum with obvious repercussions on Nigeria’s democracy and political stability in the region;
Participants at the Centre for Democracy and Development Panel discussion at Transcorp Hilton Hotel, Abuja on the 22nd of January, 2010 note as follows:
1. That the President left the country without transmitting power as envisaged by the Constitution to the Vice President. That the President has been away from the seat of power for 60 days.
2. Since the President’s departure, there has been no medical bulletin on the President, generating concerns whether he is in charge. The Vice President has not been empowered to act and governance is in a state of flux. The Justice Abutu judgment has further complicated the state of flux by stating the Vice President can perform but cannot act for the President.
3. The image of a country without governance has created international concerns about a drift towards a failed state that prompted the listing of Nigeria on Terrorist Watch List by the American government following the Mutallab bomb attempt.
Our Concerns
1. A cabal of unelected persons have successfully plotted against and subverted the 1999 Constitution and thereby creating a serious threat to our democracy.
2. That the National Assembly has failed to exercise its oversight responsibility to ensure Nigeria is being governed constitutionally. In addition, they have not insisted on the Nigerian people being regularly briefed about the health conditions of the President.
3. The PDP as the ruling party has failed to show leadership in the resolution of the crisis provoked by the political impasse.
4. The Justice Abutu judgement has further created conditions for an unelected cabal to continue to run the affairs of state.
5. The absence of the President is impacting on our capacity to exercise our leadership role at the regional and international level as exemplified by repeated postponement of the ECOWAS Summit of Head of States and Governments, of which he is Chairman.
Declaration
The activities of the cabal should be combated by all democratic forces in Nigeria. They must not be allowed to endanger the peace, good governance and democracy in Nigeria.
Constituted authority should immediately begin to issue daily health bulletins on the condition of the President.
The Judiciary as a third arm of government should live up to the expectation of protecting and upholding the constitution of Nigeria.
The President in conformity with the requirement and spirit of Section 145 of the Constitution, and in pursuance of national interest should immediately transmit a letter to the National Assembly, enabling the Vice President to Act in his absence.
Call for Action
1. Given the serious threat to the corporate existence of Nigeria as a nation, and to our democratic process, we call on all stakeholders to intensify all ongoing action aimed at returning our country to constitutionality and legality.
2. The Executive Council should fulfil their constitutional obligations and initiate the process of transmitting a letter to the National Assembly in the national interest to end current political impasse
3. The National Assembly should fulfil its obligations under section 144 and in concert with the Executive Council initiate the process of ending the current vacuum
4. The Police and other law enforcement agencies to sustain their constitutional role of protecting citizens during protest marches and maintaining law and order
5. The Peoples Democratic Party (PDP), as the ruling party should demonstrate leadership to end the current political impasse by calling its members in the Executive Council and National Assembly to act in national interest. Other political parties should show statesmanship and ensure that the focus of their activities in the current situation is in national interest.
6. Civil society should build critical alliances at local, state and national level towards effective coordination for breaking the current political impasse and returning Nigeria to political legality
7. The Media should amplify ongoing struggles to return Nigeria to constitutional democracy.
8. Nigerians should abhor all sentiments, ethnic, religious and sectional in resolution of the political impasse.
Done in Abuja this 22nd Day of January, 2010
Jibrin Ibrahim
Director
Centre for Democracy and Development
Prof.Oumar Ndongo
Secretary General
West Africa Civil Society Forum
Ayokunle Fagbemi
Executive Director
Centre for Peace Building and Socio-Economic Development
Conscious of the antics of Presidential handlers and anti-democratic elements acting as a cabal that has taken over the reign of executive decisions;
Determined to oppose the political and constitutional manipulations aimed at the sectional and undemocratic control of the sovereignty of the Nigerian people by a cabal without their consent and the approval of the Parliament;
Further determined to oppose the sinister project which if allowed could prolong the vacuum with obvious repercussions on Nigeria’s democracy and political stability in the region;
Participants at the Centre for Democracy and Development Panel discussion at Transcorp Hilton Hotel, Abuja on the 22nd of January, 2010 note as follows:
1. That the President left the country without transmitting power as envisaged by the Constitution to the Vice President. That the President has been away from the seat of power for 60 days.
2. Since the President’s departure, there has been no medical bulletin on the President, generating concerns whether he is in charge. The Vice President has not been empowered to act and governance is in a state of flux. The Justice Abutu judgment has further complicated the state of flux by stating the Vice President can perform but cannot act for the President.
3. The image of a country without governance has created international concerns about a drift towards a failed state that prompted the listing of Nigeria on Terrorist Watch List by the American government following the Mutallab bomb attempt.
Our Concerns
1. A cabal of unelected persons have successfully plotted against and subverted the 1999 Constitution and thereby creating a serious threat to our democracy.
2. That the National Assembly has failed to exercise its oversight responsibility to ensure Nigeria is being governed constitutionally. In addition, they have not insisted on the Nigerian people being regularly briefed about the health conditions of the President.
3. The PDP as the ruling party has failed to show leadership in the resolution of the crisis provoked by the political impasse.
4. The Justice Abutu judgement has further created conditions for an unelected cabal to continue to run the affairs of state.
5. The absence of the President is impacting on our capacity to exercise our leadership role at the regional and international level as exemplified by repeated postponement of the ECOWAS Summit of Head of States and Governments, of which he is Chairman.
Declaration
The activities of the cabal should be combated by all democratic forces in Nigeria. They must not be allowed to endanger the peace, good governance and democracy in Nigeria.
Constituted authority should immediately begin to issue daily health bulletins on the condition of the President.
The Judiciary as a third arm of government should live up to the expectation of protecting and upholding the constitution of Nigeria.
The President in conformity with the requirement and spirit of Section 145 of the Constitution, and in pursuance of national interest should immediately transmit a letter to the National Assembly, enabling the Vice President to Act in his absence.
Call for Action
1. Given the serious threat to the corporate existence of Nigeria as a nation, and to our democratic process, we call on all stakeholders to intensify all ongoing action aimed at returning our country to constitutionality and legality.
2. The Executive Council should fulfil their constitutional obligations and initiate the process of transmitting a letter to the National Assembly in the national interest to end current political impasse
3. The National Assembly should fulfil its obligations under section 144 and in concert with the Executive Council initiate the process of ending the current vacuum
4. The Police and other law enforcement agencies to sustain their constitutional role of protecting citizens during protest marches and maintaining law and order
5. The Peoples Democratic Party (PDP), as the ruling party should demonstrate leadership to end the current political impasse by calling its members in the Executive Council and National Assembly to act in national interest. Other political parties should show statesmanship and ensure that the focus of their activities in the current situation is in national interest.
6. Civil society should build critical alliances at local, state and national level towards effective coordination for breaking the current political impasse and returning Nigeria to political legality
7. The Media should amplify ongoing struggles to return Nigeria to constitutional democracy.
8. Nigerians should abhor all sentiments, ethnic, religious and sectional in resolution of the political impasse.
Done in Abuja this 22nd Day of January, 2010
Jibrin Ibrahim
Director
Centre for Democracy and Development
Prof.Oumar Ndongo
Secretary General
West Africa Civil Society Forum
Ayokunle Fagbemi
Executive Director
Centre for Peace Building and Socio-Economic Development
Monday, January 18, 2010
Declaration of Civil Society Organisation's on the Current Political Impasse and Call for the Defence of Constitutional Democracy in Nigeria
Declaration
The Current Political Impasse and Call for the Defence of Constitutional Democracy in Nigeria
MADE BY STAKEHOLDER CONSULTATIVE FORUM, ABUJA January 15 and 16, 2009
Highly concerned by the vacuum in governance created by the prolonged absence of President Umaru Musa Yar’Adua, absent for eight weeks, without empowering his deputy to act in his absence as expected in the Presidential System of government;
Conscious of the antics of Presidential handlers and anti-democratic elements acting as a cabal that has taken over the reign and control of executive decisions;
Convinced that the 1999 constitution of the Federal Republic of Nigeria contains relevant provisions for a quick resolution of the current vacuum;
Further convinced that the reluctance of the Federal Executive Council to declare and transmit a resolution on the health of President Yar’Adua to the National Assembly creates conditions to ignominiously perpetuate the illegal control of Nigeria’s treasury by Presidential handlers that have not been elected by Nigerians and are therefore not accountable to Nigerians;
Determined to oppose the political and constitutional manipulations aimed at the sectional and undemocratic control of the sovereignty of the Nigerian people by a cabal without their consent and the approval of the Parliament;
Further determined to oppose the sinister project which if allowed could prolong the vacuum with obvious repercussions on Nigeria’s democracy and political stability in the region;
Persuaded that the ultimate goal of the current vacuum is nothing but the defence and preservation of strictly selfish and private interests;
Having met in Abuja on January 15 and 16th, 2010 for a consultative forum on ‘Resolving the Political Impasse in Nigeria’ denounce the foot dragging by the Federal Executive Council and the National Assembly and demand a resolution and transmission on the state of health of the President by the Federal Executive Council to the National Assembly and for the National Assembly to setup a team of Medical Experts to evaluate and report on the state of health of President Yar’Adua. We, Participants at the Centre for Democracy and Development and Open Society Initiative for West Africa All Stakeholders 2-day Forum note as follows:
1. That the President left the country without transmitting powers as envisaged by the Constitution to the Vice President.
2. That the President has been away from the seat of power for 54 days
3. Since the President’s departure, the mode of governance in the country has lacked transparency. There has been no medical bulletin on the President generating concerns whether he is in charge. The Vice President has not been empowered to act and governance is in a state of flux
4. The Justice Abutu judgment has further complicated the state of flux by stating the Vice President can perform but cannot act for the President.
5. That the nation remains dazed by the unprecedented notion of an absent and probably invalid President that insists on ruling from far-away Saudi Arabia; a Executive Council and National Assembly that watch helplessly.
6. The country’s non-governance and mal-governance has created negative political, social and economic conditions from which the people are suffering.
7. The image of a country without governance has created international concerns about a drift towards a failed state that prompted the listing of Nigeria on Terrorist Watch List by the American government following the Mutallab bomb attempt.
Our Concerns
1. A cabal of unelected persons have successfully plotted against and subverted the 1999 Constitution and executed a civilian coup and are running the affairs of Nigeria, thereby creating a serious threat to our democracy.
2. That the National Assembly shirked its responsibility of exercising its oversight to ensure Nigeria is being governed by constituted authority. In addition they have not insisted on the Nigerian people being regularly briefed about the health conditions of the President.
3. The PDP as the ruling party has failed to show leadership in the resolution of the crisis provoked by the political impasse.
4. We condemn the reckless and irresponsible statement by Vincent Ogbulafor denigrating the acts of patriotic Nigerians pushing for a return to legality and constitutionality.
5. The Justice Abutu judgement has further created conditions for an unelected cabal to continue to run the affairs of state.
6. The absence of the President is impacting on our capacity to exercise our leadership role at the regional and international level as exemplified by repeated postponement of the ECOWAS Summit of Head of States and Governments, of which he is Chairman.
Declaration
The activities of the cabal should be combated by all democratic forces in Nigeria. They must not be allowed to endanger the stability, peace, good governance and democracy in Nigeria.
Constituted authority should immediately begin to issue daily health bulletins on the condition of the President.
The Judiciary as a third arm of government should live up to the expectation of protecting and upholding constitution of Nigeria.
The President in conformity with the requirement of Section 145 of the Constitution, and pursuance of national interest should immediately transmit a letter to the National Assembly, enabling the Vice President to Act in his absence.
Should the President fail to transmit such a letter on or before January 31, 2010, the Executive Council and the National Assembly should immediately initiate the procedure for his removal based on Section 144 of the Constitution.
Call for Action
1. Giving the serious threat to the corporate existence of Nigeria as a nation, and to our democratic process, we call on all stakeholders to intensify all ongoing action aimed at returning our country to constitutionality and legality.
2. The Executive Council should fulfil their constitutional obligations and initiate the process of transmitting a letter to the National Assembly in the national interest to end current political impasse
3. The National Assembly should fulfil its obligations under section 144 and in concert with the Executive Council initiate the process of ending the current vacuum
4. The Police and other law enforcement agencies to sustain their constitutional role of protecting citizens during protest marches and maintaining law and order
5. The People Democratic Party (PDP), as the ruling party should provide the required leadership to end the current political impasse by calling its members in the Executive Council and National Assembly to act in national interest.
6. Other political parties should show statesmanship and ensure that the focus of their activities in the current situation is in national interest.
7. Civil society should build critical alliances at local, state and national level towards effective coordination for breaking the current political impasse and returning Nigeria to political legality
8. The Media should amplify ongoing struggles to return Nigeria to constitutional democracy.
9. Nigerians should abhor all sentiments, ethnic, religious and sectional in resolution of the political impasse.
Signed in Abuja this 16th Day of January 2010
1. Centre for Democracy and Development,
2. Family Worship Centre,
3. Ken Nnamani Centre
4. West Africa Civil Society Forum
5. National Human Rights Commission
6. Coalition of Nigerian Political Parties
7. Citizens Popular Party
8. Institute for Human Rights and Humanitarian Law
9. Alliance for Human Development
10. Alliance for Credible Elections (ACE)
11. Centre for Leadership and Strategy Development
12. West Africa Civil Society Institute (WACSI)
13. Africa Vision 525
14. Constitution Reform Dialogue Mechanism
15. Women Rights Advancement and Protection Alternative
16. Centre for Public Policy Research (CPPR)
17. Actionaid Nigeria
18. Civil Resource Development and Documentation Centre
19. Revenue Watch Institute
20. Bamidele Aturu and Co, Law firm
21. Community Action for Citizens Participation (CAPP)
22. Rights Enforcement and Public Law Centre
23. Centre for Peace Building and Socio Economic Resources Development
24. Dikko and Mahmoud Legal Practititoners
25. Citizens Forum for Constitutional Reform
The Current Political Impasse and Call for the Defence of Constitutional Democracy in Nigeria
MADE BY STAKEHOLDER CONSULTATIVE FORUM, ABUJA January 15 and 16, 2009
Highly concerned by the vacuum in governance created by the prolonged absence of President Umaru Musa Yar’Adua, absent for eight weeks, without empowering his deputy to act in his absence as expected in the Presidential System of government;
Conscious of the antics of Presidential handlers and anti-democratic elements acting as a cabal that has taken over the reign and control of executive decisions;
Convinced that the 1999 constitution of the Federal Republic of Nigeria contains relevant provisions for a quick resolution of the current vacuum;
Further convinced that the reluctance of the Federal Executive Council to declare and transmit a resolution on the health of President Yar’Adua to the National Assembly creates conditions to ignominiously perpetuate the illegal control of Nigeria’s treasury by Presidential handlers that have not been elected by Nigerians and are therefore not accountable to Nigerians;
Determined to oppose the political and constitutional manipulations aimed at the sectional and undemocratic control of the sovereignty of the Nigerian people by a cabal without their consent and the approval of the Parliament;
Further determined to oppose the sinister project which if allowed could prolong the vacuum with obvious repercussions on Nigeria’s democracy and political stability in the region;
Persuaded that the ultimate goal of the current vacuum is nothing but the defence and preservation of strictly selfish and private interests;
Having met in Abuja on January 15 and 16th, 2010 for a consultative forum on ‘Resolving the Political Impasse in Nigeria’ denounce the foot dragging by the Federal Executive Council and the National Assembly and demand a resolution and transmission on the state of health of the President by the Federal Executive Council to the National Assembly and for the National Assembly to setup a team of Medical Experts to evaluate and report on the state of health of President Yar’Adua. We, Participants at the Centre for Democracy and Development and Open Society Initiative for West Africa All Stakeholders 2-day Forum note as follows:
1. That the President left the country without transmitting powers as envisaged by the Constitution to the Vice President.
2. That the President has been away from the seat of power for 54 days
3. Since the President’s departure, the mode of governance in the country has lacked transparency. There has been no medical bulletin on the President generating concerns whether he is in charge. The Vice President has not been empowered to act and governance is in a state of flux
4. The Justice Abutu judgment has further complicated the state of flux by stating the Vice President can perform but cannot act for the President.
5. That the nation remains dazed by the unprecedented notion of an absent and probably invalid President that insists on ruling from far-away Saudi Arabia; a Executive Council and National Assembly that watch helplessly.
6. The country’s non-governance and mal-governance has created negative political, social and economic conditions from which the people are suffering.
7. The image of a country without governance has created international concerns about a drift towards a failed state that prompted the listing of Nigeria on Terrorist Watch List by the American government following the Mutallab bomb attempt.
Our Concerns
1. A cabal of unelected persons have successfully plotted against and subverted the 1999 Constitution and executed a civilian coup and are running the affairs of Nigeria, thereby creating a serious threat to our democracy.
2. That the National Assembly shirked its responsibility of exercising its oversight to ensure Nigeria is being governed by constituted authority. In addition they have not insisted on the Nigerian people being regularly briefed about the health conditions of the President.
3. The PDP as the ruling party has failed to show leadership in the resolution of the crisis provoked by the political impasse.
4. We condemn the reckless and irresponsible statement by Vincent Ogbulafor denigrating the acts of patriotic Nigerians pushing for a return to legality and constitutionality.
5. The Justice Abutu judgement has further created conditions for an unelected cabal to continue to run the affairs of state.
6. The absence of the President is impacting on our capacity to exercise our leadership role at the regional and international level as exemplified by repeated postponement of the ECOWAS Summit of Head of States and Governments, of which he is Chairman.
Declaration
The activities of the cabal should be combated by all democratic forces in Nigeria. They must not be allowed to endanger the stability, peace, good governance and democracy in Nigeria.
Constituted authority should immediately begin to issue daily health bulletins on the condition of the President.
The Judiciary as a third arm of government should live up to the expectation of protecting and upholding constitution of Nigeria.
The President in conformity with the requirement of Section 145 of the Constitution, and pursuance of national interest should immediately transmit a letter to the National Assembly, enabling the Vice President to Act in his absence.
Should the President fail to transmit such a letter on or before January 31, 2010, the Executive Council and the National Assembly should immediately initiate the procedure for his removal based on Section 144 of the Constitution.
Call for Action
1. Giving the serious threat to the corporate existence of Nigeria as a nation, and to our democratic process, we call on all stakeholders to intensify all ongoing action aimed at returning our country to constitutionality and legality.
2. The Executive Council should fulfil their constitutional obligations and initiate the process of transmitting a letter to the National Assembly in the national interest to end current political impasse
3. The National Assembly should fulfil its obligations under section 144 and in concert with the Executive Council initiate the process of ending the current vacuum
4. The Police and other law enforcement agencies to sustain their constitutional role of protecting citizens during protest marches and maintaining law and order
5. The People Democratic Party (PDP), as the ruling party should provide the required leadership to end the current political impasse by calling its members in the Executive Council and National Assembly to act in national interest.
6. Other political parties should show statesmanship and ensure that the focus of their activities in the current situation is in national interest.
7. Civil society should build critical alliances at local, state and national level towards effective coordination for breaking the current political impasse and returning Nigeria to political legality
8. The Media should amplify ongoing struggles to return Nigeria to constitutional democracy.
9. Nigerians should abhor all sentiments, ethnic, religious and sectional in resolution of the political impasse.
Signed in Abuja this 16th Day of January 2010
1. Centre for Democracy and Development,
2. Family Worship Centre,
3. Ken Nnamani Centre
4. West Africa Civil Society Forum
5. National Human Rights Commission
6. Coalition of Nigerian Political Parties
7. Citizens Popular Party
8. Institute for Human Rights and Humanitarian Law
9. Alliance for Human Development
10. Alliance for Credible Elections (ACE)
11. Centre for Leadership and Strategy Development
12. West Africa Civil Society Institute (WACSI)
13. Africa Vision 525
14. Constitution Reform Dialogue Mechanism
15. Women Rights Advancement and Protection Alternative
16. Centre for Public Policy Research (CPPR)
17. Actionaid Nigeria
18. Civil Resource Development and Documentation Centre
19. Revenue Watch Institute
20. Bamidele Aturu and Co, Law firm
21. Community Action for Citizens Participation (CAPP)
22. Rights Enforcement and Public Law Centre
23. Centre for Peace Building and Socio Economic Resources Development
24. Dikko and Mahmoud Legal Practititoners
25. Citizens Forum for Constitutional Reform
Wednesday, December 2, 2009
Africa and the ICC: Which way forward?
The International Criminal Court (hereafter the ICC) is the world's first permanent international criminal court. The ICC was established pursuant to the adoption of the Rome Statute on the 17th of July, 2002. Senegal was the first country to ratify the Statute. Prior to coming into force of the ICC, the international community responded to specific conscience shocking situations around the world with the setting up of 'hybrid' courts. The earliest of these tribunals were the Nuremberg and Tokyo Tribunals after the end of the Second World War, to trial Nazi war criminals. These hybrid courts were the precursor to the ICC. They were constrained mainly because of the very limited agenda that informed their existence. More recently, The International Criminal Tribunal for the former Yugoslavia (ICTY); the International Criminal Tribunal for Rwanda (ICTR); the Special Court for Sierra Leone (SCSL) and the Special Tribunal in Lebanon and Cambodia. These were all attempts by the comity of nations to respond to specific egregious violations of international human rights law, the laws of war ( the 4 Geneva Conventions of 1949 and 1950). These courts were designed to confront state impunity and atrocious acts that shocked the conscience of the international community.
The ICC unlike these ad hoc tribunals is a permanent court. It is headquartered in The Hague. Of the 110 countries that have so far ratified the Rome Treaty, 30 are African State parties. Nigeria ratified the Treaty on the 27/09/01. Nigeria operates a dualist system with respect to the doctrine of incorporation of Treaties, thence, though Nigeria has ratified the Rome Statute, it has not yet become part of Nigeria domestic law. Under the Nigerian constitution, it requires the passage of a local legislation by both Houses of the National Assembly, as well as the assent of the President for the Statute to have municipal force of law within Nigerian courts.
The ICC has no 'universal jurisdiction'. The jurisdiction of the court is either invoked or triggered. The ICC's jurisdiction is invoked where a State Party to the Rome Statute makes a referral to the court. Of the 4 situations presently before the court, 3 arose from such 'self-referrals' by Uganda, Central African Republic (CAR) and the Democratic Republic of the Congo (DRC). The ICC Prosecutor can also trigger a case in exercise of his pro priotu (on his own initiative) powers i.e. by initiating investigation with a view to prosecution. This power has never been exercise by the Prosecutor. The Prosecutor is presently investigating several situations with a view to commencing prosecution if the State Parties in question fail to take steps. This is currently the situation in Kenya. Finally, the jurisdiction of the court can be triggered by the United Nations Security Council in exercise of its Chapter VII powers, referring a situation to the Prosecutor, even if such a country is not a signatory to the Rome Statute. This is the basis of the present situation in the case of Sudan, following the report of the Darfur Commission into crimes of genocide, war crimes and crimes against humanity alleged to have been committed in the Darfur region of Sudan.
The ICC operates on the principle of 'complementarity' or 'subsidiarity'. This means that recourse to the ICC is secondary and that States are primarily encouraged to put in place national judicial systems for dealing with persons who are alleged to have committed or 'bear the greatest responsibility' for the commission of war crimes, crimes against humanity and genocide. The ICC in a sense, should be a court of last resort where national authorities are 'unable or unwilling' to prosecute those who commit such heinous crimes.
The ICC is at a crossroads. The Rome Statute falls for review in 2010. Kampala the capital of Uganda will host the review conference in May. It will be a defining moment for the court. The agenda of the review conference amongst others will attempt to resurrect the definition of the crimes of aggression. This was deferred at the negotiation of the Rome Statute as States could not reach a consensus as to what constitutes crimes of aggression. The review conference will also review the powers of the Prosecutor to initiate prosecution. For Africa, the review conference it appears is set to pitch African States and non State parties to the Rome Statute as to the future of the court vis-à-vis what is being considered in some quarters, as the court unduly 'picking on' African countries. Prof. Mahmood Mamdani is a leading advocate of this school of thought. Prof. Jalloh on the other hand, although acknowledges the primacy and desirability of the ICC for Africa, is somewhat cautious and advises that Africa’s' relationship with the court must develop taking into consideration the peculiar nature of the African situation. He opines that if this delicate balance is played out, the ICC could be a 'win win' situation for Africa, given the internecine wars and conflicts, gross abuse of human rights and poor governance presently in Africa.
The ICC's recent warrant for the arrest of President Omar Al-Bashir of Sudan also provides the context and background for the forthcoming review conference. Al-Bashir is now an international pariah. To date, he has not succeeded in visiting any of the State Parties to the Rome Statute. Only recently, there was the real threat that he would come to Nigeria for the AU Peace and Security Council (PSC) meeting, where the Mbeki report was to be discussed. The combination of unfavourable public opinion and the concerted efforts by civil society organizations, prevented this from happening. The Nigerian Coalition on the international Criminal court (NCICC) launched a major advocacy blitz both in the print and electronic media to forestall the said visit. Thankfully, the Federal government of Nigeria harkened to wise counsel and this did not happen.
The Al Bashir arrest warrant has split African countries down the middle. At the recent African Union Preparatory meeting on the 3rd to 6th of November, 2009 - in advance of the review conference - the AU attempted to juxtapose the question of justice with those of peace and security. In the result, it is unclear whether African countries will be speaking with one voice or discordant voices. It would be interesting to see how these issues pan out. What implications it would have for Africa. The implications for the ICC given that African State parties constitute the largest continental bloc that have ratified the Rome Statute. On a broader level, it will bring to the fore the question of addressing state impunity, conflicts and wars, and the larger questions of the violations of human rights and implications for good and democratic governance in Africa.
Daniel Ehighalua
Senior Programme Officer CDD
Secretary NCICC
The ICC unlike these ad hoc tribunals is a permanent court. It is headquartered in The Hague. Of the 110 countries that have so far ratified the Rome Treaty, 30 are African State parties. Nigeria ratified the Treaty on the 27/09/01. Nigeria operates a dualist system with respect to the doctrine of incorporation of Treaties, thence, though Nigeria has ratified the Rome Statute, it has not yet become part of Nigeria domestic law. Under the Nigerian constitution, it requires the passage of a local legislation by both Houses of the National Assembly, as well as the assent of the President for the Statute to have municipal force of law within Nigerian courts.
The ICC has no 'universal jurisdiction'. The jurisdiction of the court is either invoked or triggered. The ICC's jurisdiction is invoked where a State Party to the Rome Statute makes a referral to the court. Of the 4 situations presently before the court, 3 arose from such 'self-referrals' by Uganda, Central African Republic (CAR) and the Democratic Republic of the Congo (DRC). The ICC Prosecutor can also trigger a case in exercise of his pro priotu (on his own initiative) powers i.e. by initiating investigation with a view to prosecution. This power has never been exercise by the Prosecutor. The Prosecutor is presently investigating several situations with a view to commencing prosecution if the State Parties in question fail to take steps. This is currently the situation in Kenya. Finally, the jurisdiction of the court can be triggered by the United Nations Security Council in exercise of its Chapter VII powers, referring a situation to the Prosecutor, even if such a country is not a signatory to the Rome Statute. This is the basis of the present situation in the case of Sudan, following the report of the Darfur Commission into crimes of genocide, war crimes and crimes against humanity alleged to have been committed in the Darfur region of Sudan.
The ICC operates on the principle of 'complementarity' or 'subsidiarity'. This means that recourse to the ICC is secondary and that States are primarily encouraged to put in place national judicial systems for dealing with persons who are alleged to have committed or 'bear the greatest responsibility' for the commission of war crimes, crimes against humanity and genocide. The ICC in a sense, should be a court of last resort where national authorities are 'unable or unwilling' to prosecute those who commit such heinous crimes.
The ICC is at a crossroads. The Rome Statute falls for review in 2010. Kampala the capital of Uganda will host the review conference in May. It will be a defining moment for the court. The agenda of the review conference amongst others will attempt to resurrect the definition of the crimes of aggression. This was deferred at the negotiation of the Rome Statute as States could not reach a consensus as to what constitutes crimes of aggression. The review conference will also review the powers of the Prosecutor to initiate prosecution. For Africa, the review conference it appears is set to pitch African States and non State parties to the Rome Statute as to the future of the court vis-à-vis what is being considered in some quarters, as the court unduly 'picking on' African countries. Prof. Mahmood Mamdani is a leading advocate of this school of thought. Prof. Jalloh on the other hand, although acknowledges the primacy and desirability of the ICC for Africa, is somewhat cautious and advises that Africa’s' relationship with the court must develop taking into consideration the peculiar nature of the African situation. He opines that if this delicate balance is played out, the ICC could be a 'win win' situation for Africa, given the internecine wars and conflicts, gross abuse of human rights and poor governance presently in Africa.
The ICC's recent warrant for the arrest of President Omar Al-Bashir of Sudan also provides the context and background for the forthcoming review conference. Al-Bashir is now an international pariah. To date, he has not succeeded in visiting any of the State Parties to the Rome Statute. Only recently, there was the real threat that he would come to Nigeria for the AU Peace and Security Council (PSC) meeting, where the Mbeki report was to be discussed. The combination of unfavourable public opinion and the concerted efforts by civil society organizations, prevented this from happening. The Nigerian Coalition on the international Criminal court (NCICC) launched a major advocacy blitz both in the print and electronic media to forestall the said visit. Thankfully, the Federal government of Nigeria harkened to wise counsel and this did not happen.
The Al Bashir arrest warrant has split African countries down the middle. At the recent African Union Preparatory meeting on the 3rd to 6th of November, 2009 - in advance of the review conference - the AU attempted to juxtapose the question of justice with those of peace and security. In the result, it is unclear whether African countries will be speaking with one voice or discordant voices. It would be interesting to see how these issues pan out. What implications it would have for Africa. The implications for the ICC given that African State parties constitute the largest continental bloc that have ratified the Rome Statute. On a broader level, it will bring to the fore the question of addressing state impunity, conflicts and wars, and the larger questions of the violations of human rights and implications for good and democratic governance in Africa.
Daniel Ehighalua
Senior Programme Officer CDD
Secretary NCICC
Monday, November 23, 2009
USING TREATIES TO IMPROVE ELECTORAL DEMOCRACY IN AFRICA
From 11th to 14th November, African academics, human rights activists and a number of partners met in Accra to reflect on best practices for advancing electoral democracy in Africa. At the end of the 1980s, struggles against authoritarianism led to democratic transitions and the return of pluralist democracy in Africa and other parts of the world. Since then, more and more countries have joined the democratic train and to consolidate the journey, regional and continental organizations have enunciated a number of democratic principles to guide the process of democratic consolidation. It was in this context that ECOWAS, and later, the African Union formulated constitutional and democratic principles through the use of two specific legal instruments; namely the Supplementary Protocol on Democracy and Good Governance as well as the African Charter on Democracy, Elections and Governance to advance the cause of deepening democracy.
Over the last five years however, democratic consolidation has been challenged by many incumbent Presidents and a clear pattern of democratic reversals is now emerging. The first indication was a series of constitutional amendments aimed at securing tenure elongation for African Presidents seeking a return of the old autocratic culture of “President for life”. In addition, a despotic monarchical element has emerged in which life presidents arrange for their children to succeed them. Monitoring democracy in Africa today reveals a sombre picture. In West Africa for example, the Gambia has shown disdain for human rights and its President was recently on television threatening to shoot human rights defenders. Côte d’Ivoire has been embroiled in civil war and has been unable to organise elections over the past five years. Guinea has suffered a coup d’état and the military junta is refusing to step aside for free and fair elections to hold. In Guinea Bissau, the army shot dead the President and although presidential elections have taken place, political stability remains fragile as the army controlled by drug smuggling generals continues to hold the country to ransom. In Niger, the President has just carried out a civilian coup d’état, postponed elections by three years and is ruling by decree. In Nigeria, the organisation of three successive elections has been fraught with rising fraud and rigging. In this context, it is vital that African citizens use the democracy instruments their leaders have signed or ratified to re-energise the struggle for democracy and free and fair elections.
ECOWAS Protocol has outlined the key principles that must be defended: the separation of powers, effective parliaments, the independence of the judiciary, freedom of the bar. The protocol considers elections as the only way for the assumption of power, condemns anti-constitutional changes, advocates for the principle of popular participation in decision making, the cantonment of the army, the secular state, respect for fundamental rights and freedom in the establishment of political parties. In order to ensure respect for the provisions by the states, the protocol contains a clause on sanctions for the non respect of these principles by the states.
The African Charter and the Supplementary Protocol have proposed clear principles that augur well for the future of democracy and good governance. Their implementation however requires certain conditions including the ratification process by states. The Protocol has come into effect as ten states have ratified it. The Charter has however been ratified by only two countries, Ethiopia and Mauritania.
By Jibrin Ibrahim
Director CDD
Over the last five years however, democratic consolidation has been challenged by many incumbent Presidents and a clear pattern of democratic reversals is now emerging. The first indication was a series of constitutional amendments aimed at securing tenure elongation for African Presidents seeking a return of the old autocratic culture of “President for life”. In addition, a despotic monarchical element has emerged in which life presidents arrange for their children to succeed them. Monitoring democracy in Africa today reveals a sombre picture. In West Africa for example, the Gambia has shown disdain for human rights and its President was recently on television threatening to shoot human rights defenders. Côte d’Ivoire has been embroiled in civil war and has been unable to organise elections over the past five years. Guinea has suffered a coup d’état and the military junta is refusing to step aside for free and fair elections to hold. In Guinea Bissau, the army shot dead the President and although presidential elections have taken place, political stability remains fragile as the army controlled by drug smuggling generals continues to hold the country to ransom. In Niger, the President has just carried out a civilian coup d’état, postponed elections by three years and is ruling by decree. In Nigeria, the organisation of three successive elections has been fraught with rising fraud and rigging. In this context, it is vital that African citizens use the democracy instruments their leaders have signed or ratified to re-energise the struggle for democracy and free and fair elections.
ECOWAS Protocol has outlined the key principles that must be defended: the separation of powers, effective parliaments, the independence of the judiciary, freedom of the bar. The protocol considers elections as the only way for the assumption of power, condemns anti-constitutional changes, advocates for the principle of popular participation in decision making, the cantonment of the army, the secular state, respect for fundamental rights and freedom in the establishment of political parties. In order to ensure respect for the provisions by the states, the protocol contains a clause on sanctions for the non respect of these principles by the states.
The African Charter and the Supplementary Protocol have proposed clear principles that augur well for the future of democracy and good governance. Their implementation however requires certain conditions including the ratification process by states. The Protocol has come into effect as ten states have ratified it. The Charter has however been ratified by only two countries, Ethiopia and Mauritania.
By Jibrin Ibrahim
Director CDD
Welcome to CDD Blog
Established in 1997 to mobilise global opinion and resources for democratic development, the Centre for Democracy and Development has over the years done research, capacity building and training on issues of democratic and economic development within the West African sub region.
With a mission of providing an independent platform through which issues of economic and democratic development can be presented. The centre has over the years provided its opinion on issues with the aim of objectively addressing the challenges that impede economic and democratic development within the West Africa sub region.
It is in respect of this that the CDD is presenting this platform of a blog site to enhance interactive debates on thought provoking issues within its area of work as a way to finding objective solutions in the quest to achieve economic and democratic development within the West African sub region.
Dr. Jibrin Ibrahim
Director CDD
With a mission of providing an independent platform through which issues of economic and democratic development can be presented. The centre has over the years provided its opinion on issues with the aim of objectively addressing the challenges that impede economic and democratic development within the West Africa sub region.
It is in respect of this that the CDD is presenting this platform of a blog site to enhance interactive debates on thought provoking issues within its area of work as a way to finding objective solutions in the quest to achieve economic and democratic development within the West African sub region.
Dr. Jibrin Ibrahim
Director CDD
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