Of terrorism, wars and death penalty in Africa

Abidjan. Terrorism and civil wars have been cited among reasons for the failure to abolish the Death Penalty (DP) in African countries, despite the fact that most of these countries have promised in their constitutions to safeguard human rights.

Speaking at the third African Congress on abolition of DP last week here said arbitrary and frequent attacks by terrorists and insurgents groups remain a major stumbling block for the abolition of the capital punishment in the region.

The congress that kicked off on Monday, April 9, 2018, brought together at least 300 participants from Africa and beyond including ministers, parliamentarians, global leaders, members of the civil society organization and other DP abolition stakeholders. A Member of the Parliament (MP) from Cameroon, Ms Birtille Dissake said terrorists, mainly the Boko Haram group is largely the main reason why capital punishment might never be abolished in Cameroon. She added that most African countries’ constitutions have been designed to recognise and respect human rights, but enacted laws contravene with principles of human rights, according Ms Dissake who doubles as the vice chairperson of the country’s human rights commission. “Terrorists kidnap young girls in the Northern part of the country and really pose a great challenge to the country’s abolition initiatives of the capital punishment. The criminal code was revised recently but death penalty was maintained as part of efforts to discourage terrorism attacks,” she said. The death penalty was introduced in Cameroon in the Penal Code of 1967 but no death penalties have been commuted since the early 1980’s. According to her, most countries legislators who advocate sensitive issues like the abolition of the death penalty have been intimidated by the ruling elites.

She concurred with her Nigerien counterpart, Ms Rabi Dan Fazi who suggested that it was difficult for the capital penalty to be lifted in countries facing arbitrary and frequent terrorism attacks including Niger, though she agreed that the DP negatively impacted the society and families of the victim.

“These impacts facing the society and the family of the victim need to be evaluated. In some instances children of the victim of the capital punishment drop out of school and become terrorists and rebels by themselves,” she said.

But, a Liberian legislator, Mr Dixon Seboe said the country had retained the capital punishment in its constitution in order to safeguard the country against treason, noting that over the past 40 years nobody has been executed.

“Liberia plunged into civil war for 14 consecutive years and some of the countries have passed into a similar experience. When discussing the abolition of the capital punishment it is better to establish what should be done to people who committed crime against humanity during the civil war,” he said.On the other hand the minister of Justice in charge of Human Rights in Chad, Mr Djimet Arabi, asked African countries to respect and uphold principles of human rights in all prosecutions including those linked to terrorism.

“People’s rights for life is irreversible. Chad is reassuring its commitment to uphold human rights in its abolition process against the capital punishment regardless of the crimes committed including terrorism,” he said. He was supported by his Democratic Republic of Congo (DRC) counterpart, Ms Marie Ange Mushobekwa, who said the country has been experiencing rebel attacks that have seen other crimes including assassination, kidnapping, rape and sodomy being extended against civilians. “Before replacing the death penalty with the life imprisonment, those perpetrating these incidents should be discouraged and President Joseph Kabila have been very supportive in the process,” she said.

Sharing experience on the way the Republic of Guinea lifted the capital punishment when giving his remarks during the panel discussion, Mr Cheick Sako, the country’s minister of State and Justice said his country experienced the post-independence violence for many years.

Mr Sako said having lived outside the country for many years, he advised the president to lift the death penalty upon his return something that was accepted.

“We started by removing the DP from the regulation before striking off from the laws. Currently, the country’s maximum penalty is life imprisonment and this applies to both the common laws and the military,” he said.

A delegate from Morocco who is the spokesperson of the network of parliamentarians Against the Death Penalty (RPCPM), Ms Nouzha Skali said it wasn’t an easy job for the country to scrap the DP in its constitution. She said the country’s majority including the elite supported the law noting that the major concern was that the rights to life had no compromise and that the death penalty contravened with religious beliefs. “Therefore we started lobbying lawmakers from the ruling party and the opposition. We never got discouraged by starting with 40 legislators who inked our papers in our support,” she said. “We had to be patient in engaging some MPs because these issues are difficult if not carefully taken, but at last we garnered over 350 signatures enough for what was planned.

But, Zimbabwe MP, President of the Parliamentarians for Global Action (PGA) Zimbabwe Group, Ms Jessie Majome outlined five other barriers to the abolition of the DP as prejudice on convicted people and among the society.

Ms Majome who is also the Member of the PGA International Council named other challenges as time for legislators to act, national priority and the political interests of leaders in power. “Such obstacles will be avoided through strengthening of the African Parliaments and parliamentarians in order for them to correctly fulfil their obligations. Other institutions including the judiciary should also be reinforced,” She said.

According to the lawmaker, the people of the Republic of Zimbabwe have invested their trust to President Emmerson Mnangagwa who assumed into power in recent months following the ousting of veteran politician Robert Mugabe.

“Citizens believe President Mnangagwa will lift the death penalty because he faced similar charges in the past,” she said.

Concluding their plenary debate under the theme: The DP, a political tool? Stakeholders suggested increased advocacy in abolishing the DP noting that statistics on people convicted should be made available.

They suggested that government monitoring should be heightened, collaboration with parliaments should be increased and that abolition should be done adequately.

Principally countries may be categorised into the four categories regarding abolishing the DP; those which have retained the DP, abolitionist in practice, abolitionist except in extreme cases and real abolitionists.

Tanzania is de facto abolitionist, having carried out its last execution in 1994. However, at least 19 individuals were still sentenced to death in 2016 in the country, while nearly 500 people remained on death row.

While Tanzania has ratified the International Covenant on Civil and Political Rights (ICCPR) in 1976, it has yet to ratify its Second Optional Protocol aiming at the abolition of the death penalty (ICCPR-OP2).

On May 2015, Dar es Salaam hosted the PGA roundtable meeting on the abolition of the death penalty for Tanzania and Uganda, during which the MPs from all political parties and relevant actors were sensitized on the abolition of the capital punishment.

Several MPs committed to table private motions and bills on the abolition. The meetings involved other stakeholders including the Judiciary, the Civil Society Organizations (CSOs) and members of the diplomatic community.

President John Magufuli seems to dislike the DP having said, publicly, that he wishes he never signs a death warrant for any death row inmate. During the independence anniversary celebration in Dodoma on December 09, 1926, he pardoned several people who were on death row but who were aged beyond 80 years. It remains to be seen whether his dislike of the DP would lead to any meaningful action against the death penalty.