Chad's ex-leader Hissene Habre convicted: Can Africa solve its own problems?

On Monday, May 30, 2016, the former Chadian leader Hissene Habre was finally convicted of crimes against humanity (such as rape, sexual slavery and ordering killings during his rule from 1982 to 1990) and sentenced to life in jail in a landmark trial in Senegal. It has been a long road to justice for the victims of Habre’s actions. Prior to the proceedings, he was accused of large-scale violations of human rights, including arrests of actual or presumed political opponents, detentions without trial or under inhumane conditions, mistreatment, torture, extrajudicial executions and enforced disappearances. He was adjudged by the Extraordinary African Chambers (CAE) based in Dakar, Senegal. Following Habre’s removal from power, he fled to Senegal where he secured a safe haven, but Senegal had raised legal roadblocks to prosecute him. In truth, if you read between the lines, Senegal was unwilling to adjudge him because of cordial relationship that existed between the former Senegalese leader Abdoulaye Wade and Habre. But because of pressure from the international community and AU, in particular, ultimately an agreement was reached between Senegal and the African Union to establish a special court known as Extraordinary African Chambers to try him. It operates under the auspices of Senegalese Government and African Union (AU). In addition to the role of AU, it is right to say this milestone was a result of collective efforts from various groups that have been advocating his trial. In fact, for more than two decades, despite threats, intimidation and major political setbacks, victims together with civil society groups worked tirelessly to make this day possible. A coalition of human rights organisations and victims, groups, in Chad has spent decades gathering testimony from victims and their families to build the case against Habre. Despite the challenges encountered in bringing Habre to justice, one would rightly laud AU for taking the matters in its own hands. Had it not been for the willingness of AU to do whatever it required, this case would probably never have been adjudicated. Now justice has been done! Victims now feel a sense of relief. This shows that Africans have the ability to solve their own problems without being dictated to or given orientation. In my view, this is a perfect portrayal of the Pan-African philosophy. This philosophy isn’t about mere words but a philosophy that inclines to defend the identity of Africans and their interests through action. Indeed, Pan-Africanism is about finding solutions to continental problems, including stamping out impunity, among others. For instance, in Habre case, he’s an African, he misruled an African nation (Chad), and committed crimes against Africans. As a consequence, the AU took the responsibility as its own and found a solution. It would have been profoundly absurd if Africa (AU) could let such crimes committed go unpunished. The landmark judgment demonstrates that Africans have the ability to deal with their own problems. It is high time Africa, as a continent, finds solutions to a myriad of problems it faces. In fact, AU needs to emulate EU as it often finds solutions to many challenges the member states encounter. It’s not wrong to emulate what EU does on behalf of its member states so long as Africa meets its goals. That’s all! Of course, regional courts have limited capacity but national courts should play a key role in acting as a “safety net” to prevent impunity for crimes under international law. AU, as a superior regional body, should take a leadership role to ensure that national courts investigate, and prosecute grave human rights violations committed, without fear or favour, or leniency. And, with respect to commission of international crimes such as genocide, war crimes, crimes against humanity, torture to name but a few, no sham trial/process should be tolerated on the continent. If all African countries are galvanised to the ideal of solving their own problems, we would set a lodestar for other continents. As far as justice is concerned, African states would make a meaningful contribution to justice. Let’s hope that AU will act in a similar fashion in the case of Blaise Compaoré that’s on the horizon. But the starting point is to focus on crisis (political) prevention. Political crisis is the spinal cord of other problems, such as gross violation of human rights, instability, corruption, theft and so forth. Africans need to challenge the misconception of the Western world that Africans are naturally incapable in all spheres. Indeed, Africans, through regional bodies and national law enforcement agencies, must ‘never say never’. Africa should get out of its way and think big. In a nutshell, Africans have ‘to think big to become big’. As noted in some of my previous pieces, it’s quite important to laud AU for its role in finding a lasting-solution to the situations in Somalia, Central African Republic, and Burkina Faso. When Africans solve their own problems, to me, that’s the ideal of Pan-Africanism. The writer is an International Law Expert.

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Chad's ex-leader Hissene Habre convicted: Can Africa solve its own problems?