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Hold Mugabe accountable for 'crimes against humanity'
Mail & Guardian (SA)
April 13, 2004

Cape Town - Zimbabwean president Robert Mugabe should be held accountable for crimes against humanity, delegates attending the Second World Bar Conference of the Forum for Barristers and Advocates heard in Cape Town on Tuesday. "What is happening there could be summed up as a gross violation of human rights and Robert Mugabe and his henchmen must be made accountable for crimes against humanity," said Dato' Param Cumaraswamy, the former United Nations Special Rapporteur on the Independence of Judges and Lawyers. Cumaraswamy, who spoke on the rule of law in Africa, was delivering the opening address to the forum, a specialist body within the International Bar Association comprising some 20 000 legal practitioners across the globe. He said the immediate challenge for the African Union and its watchdog Peace and Security Council was how it will deal with Zimbabwe and restore respect for the rule of law and human rights.

"Any positive change in that country will enhance confidence in the African Union domestically, regionally and internationally. In any event it must see to it that the likes of Robert Mugabe and his henchmen are never allowed political office on the African soil again," said Cumaraswamy in a speech prepared for delivery. Cumaraswamy said during his nine years as the UN special rapporteur he intervened in more than 100 countries including a large number in Africa, where most of his concerns were political interference with the judiciary. "Today the continued deterioration of the rule of law and human rights protection in Zimbabwe are matters of grave concern. Not just the well-being of its own citizens... but the developments there must be seen as a threat to the rule of law for all Africa," he said. Cumaraswamy said when the executive organ of a state refused to comply or defied orders of the judicial organ there was no hope for the rule of law, neither for judicial and lawyers' independence. He said so far African diplomatic efforts have not brought any change to Zimbabwe -- instead the situation was worsening.

Turning to the continent, Cumaraswamy hailed promising developments such as the provision in the AU for other organs including a Parliament and a Court of Justice. The establishment of the New Partnership for Africa's Development with its peer review system was also commendable. "A significant development for the rule of law in Africa is the establishment of the African Court on Human and People's Rights... Africa will soon rank as the third region to have a regional court on human rights after Europe and the Americas." Cumaraswamy said the new mechanisms were promising and augured well for Africa to progress and develop towards a rule of law and human rights regime. However, he pointed out that merely structuring institutions and mechanisms on models found in advanced regions needed to have adequate financial and human resources to effectively activate them. "There certainly is need for substantial assistance from the international community... [but] that can only be achieved if political leaders in Africa are seen to be service orientated to the people and committed to transformation of the region based on respect for the rule of law and human rights."

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