U N I T E D  N A T I O N S
Office for the Coordination of Humanitarian Affairs
Integrated Regional Information Network (IRIN) - 1995-2005 ten years serving 
the humanitarian community

[These reports do not necessarily reflect the views of the United Nations]

CONTENT:

1 - AFRICA: AU launches people's court
2 - AFRICA: Habre will face trial in Senegal


1 - AFRICA: AU launches people's court

BANJUL, 3 July (IRIN) - The African Union on Monday launched the continent's 
first court that gives states and people equal rights to challenge governments 
suspected of human rights violations or other infractions. 

Taking the podium and raising their right hands, 11 African legal experts 
pledged to "preserve, protect and defend" the African Charter of Human and 
People's Rights.

The swearing-in ceremony took place at the end of a two-day summit of the AU, 
which was set up to debate continent-wide issues.

The African Court on Human and People's Rights, established on paper in 1998, 
will be based in the Tanzanian capital Arusha. It can apply and rule on any 
international treaty or law ratified by the state in question, including 
treaties that do not themselves refer violators to a court. States, AU organs, 
individuals and non-governmental organisations can all ask for rulings.

"This court will strengthen jurisprudence and contribute to the
promotion and protection of human rights in the continent," AU Commissioner for 
Political Affairs Julia Joiner told IRIN.

"It means you have another level where states and people can seek
recourse before the African Commission [on Human and People's Rights] and 
prosecutions can be made, not just judgments and resolutions," she said.

Impunity has taken center stage recently in Africa. On Sunday, the AU requested 
that Senegal try former Chadian President Hissene Habre, who has been living in 
exile in Senegal since 1990. Habre has been charged with crimes against 
humanity, war crimes and torture. He has avoided trial so far because of legal 
wrangling over jurisdiction. 

In June, former Liberian President Charles Taylor was extradited from Sierra 
Leone to The Hague to answer to war crimes charges. The UN-backed Special Court 
for Sierra Leone retains jurisdiction. Officials in Liberia and Sierra Leone 
feared Taylor could destabilize the region if he were tried locally.

Africans in other countries who are keen to take the stand will have to wait 
until a second court, the African Court of Justice, is set up, said Joiner. 
That court then has to be merged with the People's Court before cases, such as 
those involving former rulers, will be heard.

Although the People's Court is nascent, Monday's ceremony 
provided a glimmer of hope at a summit marked by the defeat of a
proposed charter on democracy and governance, which was debated and eventually 
refused by African heads of state.

The charter was supposed to make it easier for power to change hands through 
the ballot box.

Negotiations broke down when some African leaders refused to agree to a clause 
banning standing presidents from extending their term limits by changing their 
countries' constitutions.

nr/cs

[ENDS]


2 - AFRICA: Habre will face trial in Senegal

BANJUL, 2 July (IRIN) - The African Union has decided that former Chadian 
president Hissene Habre will take the stand in Senegal to face charges of 
crimes against humanity, and Senegal's president Abdoulaye Wade has promised 
that the trial will go ahead.

"All the legal provisions will be made so that Habre can be tried in Senegal. 
It is the African Union which has taken ownership of this dossier and has 
decided that Habre be tried in Senegal," said African Union president Denis 
Sassou Nguesso.

President Wade, quoted by Agence France-Presse, said: "We thought that Senegal 
was the best-placed country to judge him and I believe we will not shirk our 
responsibility."

The African Union's ruling, made during its weekend-long summit in the seafront 
Gambian capital Banjul, ends months of speculation over whether Habre would be 
extradited to Belgium to face charges under the country's universal 
jurisdiction laws, or would go free in Senegal, where he fled when a coup 
deposed him in 1990.

After a Belgian court demanded Habre be sent to Brussels last year, Senegal, 
which was examining the affair for the second time, referred the case to the 
AU. It in turn appointed an expert panel to rule on the case. The panel 
recommended to the AU this weekend that Habre face trial but in an African not 
a European court.

Habre ruled Chad throughout the 1980s. His accusers say he is responsible for 
thousands of tortures and murders in the north-central African country at that 
time.

Reed Brody of the campaigning NGO Human Rights Watch said he was concerned 
Senegal might drag its feet on the case.

"If Senegal which refused to try Habre seven years ago agrees to try him now 
and commits itself to moving rapidly then that's good. But they do have to act 
swiftly. The victims have been waiting for seven years, two of the plaintiffs 
are already dead," he said.

The AU's Sassou Nguesso promised that would not happen, saying the case was not 
"buried".

"On the contrary, we have put it on the right track," he said.

According to the text of the African Union's decision seen by IRIN, the AU 
"mandates the Republic of Senegal to prosecute and ensure that Habre is tried 
on behalf of Africa, by a competent Senegalese court with all the guarantees 
for his defence, with the requisite transparency".

nr/ccr
[ENDS]


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