Resolution on Ratification of the Rome Statute on International Criminal Court to end Impunity in Africa
We, the participants to the Forum on the Participation of NGOs in the 44th Ordinary Session of the African Commission on Human and Peoples’ Rights held in Abuja, Federal Republic of Nigeria from 7th to 9th November, 2008,
Recalling the United Nations Plenipotentiary Conference of 1998 in Rome that led to the establishment of the International Criminal Court,
Noting the various initiatives by the international community in supporting the establishment of an independent international judicial institution.
Mindful of the various advancement of the ratification of the Rome Statute by African government,
Further noting that some African government that have ratified the Rome Statute have not taken steps to domesticate it nationally,
Recalling the African Commission on Human and People’s Rights resolution on the ratification of the treaty on the International Criminal Court, 31st October 1998, Resolution on the ratification of the Statute of the International Criminal Court by OAU member States, Pretoria, 16 May 2002, and Resolution on the Domestication and Implementation of the Rome Statutes of International Criminal Court, Banjul, the Gambia, 5th December 2005,
Further Concerned about the multiplication of amnesty laws covering most serious crimes in some African countries in order to promote impunity of international crimes and gross violations of human rights,
Further noting that 30 African states have ratified the Rome Statute and some of the states in giving legal effect to the enforcement of the Rome Statute nationally,
(Deeply), concerned that the African Union has not taken the necessary steps to sign the relationship agreement with the International Criminal Court and is currently advocating the use of Art 16 on the Sudan situation,
Considering the fact that three out of the four situations before the International Criminal Court were referred by States Parties,
Call on the African Commission on Human and People’s Rights to:
Urge the African Union to end impunity in Africa, by ensuring that those who bear greatest responsibility for crimes under the Rome Statutes are held accountable and not shielded by amnesty laws,
Encourage African Union to sign the Relationship Agreement with International Criminal Court,
Further Urge African governments that have not ratified the Rome Statute to accede to treaty and those that have ratified to adopt a national action plan for effective implementation of the Statute,
Encourage the States Parties to the Rome Statute to make the process of nomination of candidates to the Court to be transparent and inclusive,
Call on the African States to ratify the Agreements on Privileges and Immunities of the International Criminal Court,
Urge the African Union to support and implement all mechanisms and instruments aimed at ending impunity in Africa and to ensure that they offer justice and redress to victims.
Done in Abuja, November 9th, 2008
