The African Union summit on the International Criminal Court: In whose interest?

wonderr_freemanAuthor: Wonderr Freeman
LLM (Trade and Investment Law in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa
(Date of article: 4 October 2013)

On 13 October 2013, leaders of African states will meet in Addis Ababa, under the African Union (AU) banner), to consider a possible withdrawal from the Rome Statute creating the International Criminal Court (ICC). African leaders do not find favour with the ICC’s pursuit of Kenya’s “big men”- President Uhuru Kenyatta and Deputy President William Ruto. The AU draws links between the indictment of Kenyatta and Ruto with that of President Omar Al-Bashir of Sudan and Laurent Gbagbo of the Ivory Coast. Having drawn such links, the AU is of the view that the ICC is a western plot to finish-off African leaders. What is striking of the AU’s ICC analysis is the complete lack of consideration for the victims, 99.9% of whom are Africans. It seems as though grave crimes against humanity are of much less importance when a few “big men” stand accused.  What seems to be of extreme importance in the minds of African leaders is that, once again, one of their kind is wanted for crimes against humanity.

African heads of states are rarely united on any issue relevant to development of the continent, such as a common currency, the free movement of people and products, military interventions in war torn regions, etc. However, when it comes to protecting the likes of Bashir and Kenyatta, the AU is zealously united – without regard to the victims of atrocities.

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Nigeria’s National Conference: The right to have it right in the education sector

Olaniyi OlayinkaAuthor: Olaniyi Olayinka
Principal Assistant Registrar (Legal Matters) at The Polytechnic, Ibadan (Nigeria)

Calls for an all-inclusive National Conference to fashion out Nigeria’s national focus dates back to before 1922 – the Clifford Constitution – which until recently was never held. President Goodluck Jonathan in his 2013 Independence Day broadcast appointed a committee to facilitate the realisation of the conference. Author Uzodinma Nwaogbe has identified disunity, lack of faith and trust amongst citizens of Nigeria as some of the issues the conference should tackle and has given his support for the conference. The conference, according to Nwaogbe, is a platform for Nigerians to talk about issues that will help develop the country irrespective of religious, political and ethnic difference.

The Nigerian constitution, per Section 18(1), clarifies educational objectives of the government and provides that:

“Government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels.”

This article will determine the adequacy of funding for education in Nigeria and how the conference can pave the way for an improvement.

Education is under the purview of both the federal and state governments, and being less generous about funding education is plausible because they both draw from the same purse.

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South Africa apartheid lawsuit – The end of the epopee?

Marek Jan WasinskiAuthor: Marek Jan Wasinski
Assistant Professor and Chair of Public International Law and International Relations – Faculty of Law and Administration, University of Lodz, Poland

On 21 August 2013, the 2nd United States (US) Circuit Court of Appeal reached a decision on a decade long putative class action suits brought on behalf of individuals harmed by the South African apartheid regime. The suits were originally initiated by two groups of plaintiffs, the Balintulo (or Khulumani plaintiffs) and the Ntsebeza plaintiffs against corporate defendants (namely: Daimler, Ford, and IBM). Plaintiffs asserted that the South African subsidiary companies of the defendants aided and abetted violations of customary international law committed by the (then) South African government. It was claimed inter alia that subsidiary companies had sold cars and computers to the South African government, thus facilitating race-based depredations and injustices, including rape, torture, and extrajudicial killings. A legal basis for the US court’s jurisdiction was the Alien Tort Statute (ATS), a famous part of the Judiciary Act of 1789, conferring federal jurisdiction over “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States”. The ATS remained dormant nearly for two centuries until it spectacularly entered the stage before 2nd US Circuit Court of Appeal in a Filartiga v Pena-Irala wherein Paraguay citizens were allowed to sue a former Paraguayan police officer allegedly involved in an extrajudicial killing of a Paraguayan dissident’s son in Paraguay. The decision in Filartiga led to a dramatic rise in international human rights litigation in US courts, involving not only suits against private individuals but also against corporate entities for aiding and abetting violations of the law of nations. There were instances of such litigations ending with profitable settlements. For example, in Abdullahi v Pfizer Inc., Pfizer has reportedly agreed to pay $75 million as compensation for illegal clinical trials in Nigeria. Similarly in Wiwa v Shell Oil Co., faced with claims of complicity in murder, torture, and other crimes related to oil production in the Niger Delta, the Shell provided $15.5 million as compensation to those affected.

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