Observing Human Rights in Africa

(GNA Feature By Clemence Okumah)

Accra, April 6, GNA- African countries have gone through myriad political experiments and come to realize that democracy and human rights form the pillars of a vibrant socio-economic and political development. Undoubtedly, Tanzania, Ghana, Senegal, Cape Verde, Botswana, South Africa and Benin, among other African countries, are making good progress as their nationals enjoy some degree of peace and stability. Paradoxically, other African nations are engulfed in political crises resulting in human rights abuses and retardation in development. Countries caught in this second web of social and political chaos include Ethiopia, Sierra Leone, Somalia, Togo, Sudan, Chad, Cote d'Ivoire and Kenya.

Kenya, the latest to be caught in this political turmoil, has provided the continent with fresh evidence of human rights abuses stemming from political and ethnic violence after disputed elections held in 2007. Kenya's Electoral Commission declared President Mwai Kibaki, presidential candidate of the National Rainbow Coalition (NRC), the ruling party, victor of the polls. Mr Raila Odinga, presidential candidate of the Orange Democratic Movement (ODM), rejected the results, alleging vote rigging. This set the stage for violent ethnic clashes between supporters of NRC and ODM, Kenya's main dominant political parties, degenerating in violence and human rights abuses.

The BBC reported that at least 1,500 lives were lost and at least 600,000 people forced out of their homes across the country. Displaced people who sought refuge at police stations, schools and churches were not even spared as about 30 people were set ablaze in a chapel. Sudan is also witnessing massive human rights violations as a result of political crisis in the Western Region of Darfur. According to a United Nations (UN) report on the situation in 2003, about 400,000 people died and more than 2.5 million were displaced. More than 200,000 fled Sudan to refuge camps in Chad, 80 per cent of children under five years suffered from malnutrition and many are still dying each day.

Human rights activists and organisations, particularly Amnesty International, have repeatedly expressed concern about human rights abuses in some African countries. These violations take the form of excessive force against unarmed and peaceful demonstrators and summary executions, extra judicial killings, rape, sexual violence, arbitrary arrests and detentions. The perpetrators of these crimes are rebel forces, ethnic groups and government troops. In some African countries, general amnesty was granted to people believed to have committed illegal acts or indulged in human rights abuses while in other cases, perpetrators of these crimes signed agreements with governments to share power or contest elections in a bid to end their political crisis.

In Mozambique, the Mozambique National Resistance (RENAMO) fought against the Mozambique Liberation Front in the country's civil war and the Liberation Front of Mozambique (FRELIMO), the political party that fought for independence and rules that country till now. Despite the fact that human rights abuses characterized this tragic event, leaders of the factions refused to acknowledge their involvement in any atrocities or make either "true telling or accountability as part of the peace and reconciliation process".

In Cote d'lvoire, the political and military conflict involving the Government and the New Forces, a rebel group based in the Northern part of that country, seems to have ended. This followed President Laurent Gbagbo's appointment of Guillaume Soro, leader of the Forces, as Prime Minister, in a power sharing deal, which gave positions in a transitional government to members of the rebel group. A resolution of the cause of the conflict that bordered on eligibility for citizenship and competition for land resources between indigenous and immigrant communities, among others, is yet to receive attention. Leaders of the faction in Kenya have signed an agreement in which Mr Kibaki would remain President and Mr Odinga Prime Minister with two deputy prime ministers.

Kenya's Parliament has approved the power sharing deal but nothing has been said about cases of genocide, rape, abduction and other forms of human rights abuses. The Justice and Equality Movement and Sudan Liberation Army/Movement attacked the capital of Darfur and demanded their inclusion in a new power sharing arrangement between the North and the South of Sudan. Some leaders too, in their bid to perpetuate their rule, engage in activities that result in the abuse of the rights of their citizens. Often, attempts by reactionaries to reverse the trend escalate the situation, resulting in civil wars or armed conflicts leading to human rights abuses.

Insurgency against ex-President Samuel Doe of Liberia for misrule and human rights abuses by armed groups resulted in a civil war in that country. Many civilians, including children and women, were abducted, molested, raped and killed by both government and rebel forces.

In Africa, the major enforcers of human rights as well as their greatest abusers mostly are states and unless governments observe human rights, they would persist. Apart from being party to the UN declaration of Human Rights, African governments have made efforts to promote human rights. The concept of human rights is not a novelty to the continent since all African countries are signatories to many international declarations on the concept. No African government has indicated that it does not respect the rights of its citizen, yet its observance has become difficult to attain.

The African Union (AU) has taken major decisions to give momentum to efforts being made by African countries to resolve nagging political crises to avoid human rights violations on the continent. The AU has agreed to establish an African Stand-by Force to be responsible for peace building and post-conflict disarmament and demobilization. The Force is also expected to adopt the Common African Defence and Security Policy followed by the launch of the Peace and Security Council of the AU.

The AU has the African Commission on Human and People's Rights, a quasi-judicial body, tasked to ensure the promotion and protection of human and people's rights throughout Africa and to interpret the African Charter on Human and People's Rights. These are laudable initiatives but they would become meaningless if the AU fails to translate them into practical action by promoting human rights, peace and stability. The AU can re-examine the mandate and operations of the Commission and the African Charter on Human Rights to ensure that they conform to standard international treaties on human rights.

Emphasis should also be placed on other forms of abuses such as child labour, child trafficking, and child soldiers, obsolete and obnoxious cultural practices that insidiously affect the people, especially women and children on the continent. Human rights observance in Africa can be very complex, laborious, challenging and formidable. Individuals and organizations tasked to promote human rights are likely to be rejected by the people if they are ineffective, and face opposition from the perpetrators of human rights abuses.

The AU, in its efforts to ensure the observance of human rights, can seek the support of the international community as is done in other areas of human development. It is in this spirit that Rwanda's President, Paul Kagame called on the international community to establish an effective mechanism to prevent recurrence of horrible killings. He cited the 1994 genocide in that country during which Tutsis and Hutus suffered human rights abuses and others were killed. President Kagame's criticism of the international community for failing to prevent the frenzy of hatred and killings in that country reinforces the need for international assistance in human rights observance in Africa.

But Africa countries should take tough measures to ensure free, fair and transparent elections to avoid post-election suspicion and violence. Truth finding, reparations and reconciliation of victims to perpetrators of human rights abusers like the one that took place in South Africa are necessary even though it is not the best option for ensuring human rights observance, peace and stability. A diverse, independent and free media is needed to prevent human rights abuses from occurring but the performance of journalists should be monitored and hate speech and incitement should be condemned when they arise. Civil society organisations, pressure groups traditional rulers and religious bodies should rise up and prevent human rights violations.

African leaders should guarantee the independence of the judiciary, police and other institutions tasked to ensure law and order and human rights observance to enable them to operate effectively. They should also promote good governance and provide adequate resources for human rights observance. The time has come for African leaders to accept that democracy and the promotion of human rights are necessary for the realization of the full potentials of their peoples for accelerated development of the continent.