STATEMENT BY

H.E. MRS. MINATA SAMATE CESSOUMA
COMMISSIONER FOR POLITICAL AFFAIRS
AFRICAN UNION COMMISSION

DELIVERED ON HER BEHALF BY

AMB. SALAH S. HAMMAD
DEPARTMENT OF POLITICAL AFFAIRS
AFRICAN UNION COMMISSION

AT THE OPENING CEREMONY OF THE 1ST AFRICA TRANSITIONAL JUSTICE FORUM ON THE STATE OF TRANSITIONAL JUSTICE IN AFRICA

JOHANNESBURG, SOUTH AFRICA
19-21 OCTOBER 2017

Your Excellencies, Representatives of the Government of South Africa;
Your Ecellencies, Representatives of African Union Member States;
Distinguished Members of the AU-STC on Justice and Legal Affairs’ Task Force on Transitional Justice;
Hon. Dr. Solomon Dersso, Commissioner of the African Commission on Human and Propels’ Rights;
Distinguished Representatives of AU Organs with a Human Rights Mandate;
Distinguished Chairman and Members of the Board of Directors, Centre for the Study of Violence and Reconciliation;
Distinguished Representatives of the South African Human Rights Commission;
Distinguished Representatives of the Network of African Human Rights Institutions;
Representative of the MacArthur Foundation;
Executive Director and Staff of the CSVR;
Representatives of the Civil Society, Media and Academia;
My colleagues from the African Union Commission
Distinguished Participants;
Ladies and Gentlemen;
Good morning:

It is indeed an honour and a privilege for me to be here with you and to deliver this very important remarks on behalf of H.E. Mrs. Minata Samate Cessouma, the Commissioner for Political Affairs of the African Union Commission, who was unable to be with us this morning.

As I begin this statement, I wish to sincerely express our heartfelt appreciation to the Government of South Africa for hosting this first Continental Forum on Transitional Justice in Africa. I also wish to express our deepest appreciation to the Board Members, Executive Director and staff of one of our core partners on transitional justice in Africa, the Centre for the Study of Violence and Reconciliation (CSVR) for their enormous efforts and partnership for the preparation of this maiden edition of the Continental TJ Forum. Our relationship with the CSVR on transitional justice dates back to 2011 when we began the drafting of the African Union Transitional Justice Policy. I am happy that our two institutions have come a long way and they both remain committed to the common course- the Africa Transitional Justice.

Let me also seize this opportunity to thank the MacArthur Foundation and the Well Spring Foundation for their unwavering commitment and support to the African Union Transitional Justice Programme.

To you distinguished participants, there can be no meaningful Transitional Justice in Africa without you and your contributions to the process. We are indeed grateful to you for creating time out of your very busy schedules to attend this important Forum.

Excellences, Distinguished Participants, Ladies and Gentlemen

Violent conflict and authoritarian regime are today a global phenomenon. They are also pre-conditions for the establishment of many transitional justice programmes globally. Unfortunately, Africa as a continent is no exemption from these global menace. With the exception of Syria, Iraq, Yemen, African continent currently has the worst data and representation when it comes to violence and conflict. Virtually every conflict and authoritarian regime stories coming out of our continent seems to showcase one atrocity or another. The gross human rights violations that accompany these abysmal experiences, therefore calls for justice, accountability and reconciliation.

Right from 1900, millions of Africans have died as a result of slavery, colonialism civil wars, violence and authoritarian regimes activities. The overall mechanism for addressing these type of gross human rights violations is what is today refer to as transitional justice. It is obvious from the United Nations definition of the concept that Africa is not new to the concept of Transitional Justice. In fact, Africa is one of the few continents with high number of different TJ experiences; some of these include Burundi, South Africa, South Sudan, Rwanda, Ghana, Uganda, Nigeria, Morocco, Uganda, DRC, Kenya, Togo, Sierra Leone, and Sudan to mention but a few.

The unique experience and usefulness of the African traditional justice approach and how it has constructively complemented the formal justice system to promote peace, justice and accountability in Africa need to be seriously explored under this Forum. Also, an up-to date knowledge and policy implications of the past TJ experiences on current and future Transitional Justice programmes in Africa remains a critical challenge, I do hope that this event will address this huge gap.

Distinguished participants,

Our continental institution, formerly known as Organization of Africa Unity (OAU), now known as the African Union (AU), has been at the fore-front promoting peace, justice and accountability. The AU policy of non-indifference to war crimes, genocide and gross violation of human rights as provided in article 4h of the African Union Constitutive Act makes transitional justice a mandatory and a compelling areas of AU intervention in post conflict and under authoritarian regime in Africa. Although, it is worth emphasizing that despite the absence of the term ‘transitional justice’ in the African Union legal frameworks, transitional justice has featured prominently within both the mandate of the AU and its recent activities. The African Union Commission of Inquiry on South Sudan, leading to the establishment of the African Union Hybrid Court for South Sudan is one of the recent and a good example in this regard.

The need for a well-structured and a properly coordinated African Union intervention on Transitional Justice in Africa made the Panel of the Wise, one of the Pillars of the African Union Peace and Security Architecture (APSA) in 2009 to embark on a research titled Non-Impunity, Truth, Peace, Justice and Reconciliation in Africa: Opportunities and Constraints. The study strongly recommended that the African Union should develop a comprehensive Transitional Justice Policy, to among other things, strengthen the AU Member State capacity and that of the AU organs and RECs to respond constructively to the challenges in post-conflict situations and authoritarian regimes. Similarly, the 2009 report of the African Union High Level Panel on Darfur (AUPD) also supported this move and recommendation.

Excellences, Distinguished participants, Ladies and Gentlemen

In order to actualize this noble dream, the Department of Political Affairs was mandated by the African Union Policy making organs, under the coordination of the Human Rights and Transitional Justice Cluster of the African Governance Architecture (AGA) to draft a transitional justice policy for the African Union. This assignment has long been completed. Following the completion of the draft policy, the African Union STC on Justice and Legal Affairs also established a 17 AU-Members States Taskforce to support the African Union Commission to finalize the draft Policy.

Although, the draft TJ Policy has not been adopted, countries like The Gambia and Nigeria have requested for the draft to support their programmes on Truth and Reconciliation Commission and the Presidential Committee’s Programme on Transitional Justice for North East Nigeria respectively. The Government of Mali also utilized the draft to shape its TJ programme. ECOWAS is currently discussing with the African Union on how to draw from the African Union experience to develop its own Transitional Justice Framework. Meanwhile, the African Union is currently using the draft Policy to support Darfur in its efforts on transitional justice.

Excellences, Distinguished participants, Ladies and Gentlemen

In connection with the above development, it is important I draw our attention to the fact that the African Union is once again renewing its commitment to the promotion and protection of justice, accountability, human and peoples’ rights in Africa. For instance, the dedication of 2015-2017 to the promotion and protection of Human Rights in general and the rights of women and youth in particular attest to this conclusion. In addition, this first continental Forum on transitional justice in Africa, the ongoing development of the African Union Ten-Year Human Rights Action Plan for Africa and the dedication of 2018 to anti-corruption and social-economic rights speak volume in this direction.

This new wave of Human and Peoples Rights promotion and activism in Africa requires the support of all of us, including you and me for it to make the required difference. This is why the African Union Commission is seizing this opportunity to appeal to all the AU Member States, particularly the AU-STC on Justice and Legal Affairs to prioritize the finalization and adoption of the draft African Union Transitional Justice Policy as this will impact positively on majority of the recommendations that will emanates from this august Forum. To our development partners, a draft policy is a means to an end. Impactful implementation of the policy is the end. As we look forward to the adoption of our TJ policy, we count on your usual support for effective implementation of the Framework.

Excellences, Distinguished participants, Ladies and Gentlemen

I have gone through the Concept Note for this meeting, the thematic focus are appropriate, the objectives and expected outcomes are also in order. Your active participation however, is what will make the difference. I therefore call on all of us to actively participants the way we started yesterday in all the events and make this Forum a success.

Finally, the current leadership of the African Union Commission has indicated that much has been accomplished by the African Union and RECs in the area of policy development and there is an urgent need for Africa to shift gears towards ratification, domestication, and implementation of all its adopted policies and shared value instruments.

It is on this note that the Department of Political Affairs is calling on all stakeholders and lovers of our continent to support the African Union in the adoption, domestication and implementation of the proposed AU Transitional Justice Policy as one of the tools to build the Africa We Want. Africa that is peaceful, prosperous and united.

I wish us all a successful and impactful dialogue.

I thank you for your kind attention.