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Thabo Mbeki lecture addressed Africa's relationship with ICC

31 May 2016

The overriding theme in African conflict was the tension between the quest for peace and the quest for justice, said Ugandan transitional justice expert Barney Afako. "It is important to find a balance in this tension in order to serve the African people."

Afako was delivering the seventh Thabo Mbeki Africa Day Lecture, hosted by the University of South Africa (Unisa) and the Thabo Mbeki African Leadership Institute (TMALI), on 27 May 2016. In his address, he highlighted the role of the International Criminal Court (ICC) in enabling Africa's quest for peace and justice.

Following a brief medical emergency at the start of his address, which Afako attributed to a busy travelling schedule, he began his speech in earnest, speaking about South Africa and Rwanda, and the path towards reconciliation.

The Thabo Mbeki African Leadership Institute

Now in its seventh year, the partnership between Unisa and the TMALI, a unit of the Thabo Mbeki Foundation, brings together Africa's finest intellectuals and critical voices to discuss and find solutions to the unique challenges affecting the continent and its people.

The mandate falls very much in line with Mbeki's lifelong objective and presidential efforts to ignite an African Renaissance not only politically and economically, but also philosophically.

During Africa Month – in May every year – the TMALI culminates in a number of events based around a particular newsworthy theme, featuring attendees from around the world and some of the most erudite speakers African has to offer.

Events include an Africa Day commemoration of the founding of the Organisation of African Unity (OAU) and the Thabo Mbeki Africa Day Lecture, held this year at Unisa's Muckleneuk campus in Tshwane on 27 May 2016. Past speakers include former Tanzania president Benjamin Mkapa and Egyptian law scholar Mohamed ElBaradei.

Panellists at this year's lecture included facilitator Laurence Juma, a Rhodes University law professor; a senior researcher at the Institute of Security Studies, Ottilia Maunganidze; and former South African president Thabo Mbeki.

Ugandan human rights lawyer and conflict resolution expert Afako gave the main address at the event, followed by a discussion with the panel.

The lecture

"The ICC was meant to be the last solution, not the first option." - Barney Afako, delivering the #MbekiLecture pic.twitter.com/arpjqSYmKC

— Khanyi Magubane (@Khanyi_Magubane) May 27, 2016

Afako offered as an example the jarring differences in 1994 between South African and Rwanda. "While South Africa was attaining democracy, Rwanda was in conflict that resulted in a genocide," he explained. In the aftermath of Rwanda's conflict, the need to find peace among all the hate was of paramount importance. Reconciliation was vital, yet there had to be an opportunity to look at the deeper cultural and political reasons behind what happened, something South Africa attempted to do and continued to do, making it a long but substantial process.

Rwanda, he continued, did its best to address those internal struggles, with great success. But there was still the need to make sure those responsible for conflict and violence were punished. But how much of the process should be handled internally, at a continental level, and when should bodies such as the ICC get involved? "Issues of Africa," Afako explained, "do not exist in a vacuum."

Within the context of the ICC, Africa should be allowed to control and dictate its own justice and reconciliation processes, but not in isolation. "The ICC was meant to be the last solution, not the first option."

Afako said there were good Africans – particularly women in Africa – who were able to drive the conflict resolution processes within the continent; however, he warned that leaders in Africa should take more responsibility in stopping conflict. "We need to do more than silence the guns."

Response from the audience and on social media to Afako's measured words were positive, with many agreeing that the need for morally stronger leaders, both politically and in society, was a step in the right direction.

When i hear men like Judge Barney Afako, i have hope for Africa! #MbekiLecture

— Eli Pope ZW (@ZimboTheLion) May 27, 2016

Africans must soldier on. Follow Afako's example #MbekiLecture

— Xiletelo Mabasa (@SHEleteloMabasa) May 27, 2016

#MbekiLecture the lecture was insightful but we need to work hard on having education institutions that build on that vision

— Tshililo Liphadzi (@Tshililo10) May 27, 2016

The panel discussion

Echoing what Afako had said, the panel unpacked the finer points of the balance between justice and reconciliation, particularly in a global context. Mbeki pondered whether or not Africa should stay or leave the ICC, saying that to ensure justice and retribution for a crime was not nearly enough. "Methods are needed to ensure reconciliation should be instituted," he added.

Juma also noted that while the ICC was often seen as not being able to understand or deal with the challenges of Africa's political conflict, operating in a vacuum may not be an option. "The continent must be ready to react in a cohesive way towards the ICC."

Afako added that there was a difference between how seriously African states and some Western countries had taken the ICC, saying that while "34 African countries have ratified the Roman Statute (that governs the ICC)… (and have done) so in good spirit", there were still rogue nations that had not.

Mbeki suggested perhaps it may be time for Africa to form its own version of the ICC to deal with Africa-specific issues.

Unisa vice-chancellor, Professor Mandla Makhanya, who also joined the discussion, offered a metaphor for the ongoing relationship between the continent and the ICC: "Africa has been known for chasing other people's rabbits. It's time we chase our own."

Moments @the Annual Thabo Mbeki Lecture @Unisa ZK Matthews Hall last night #MbekiLecture Photo by Siyasanga Mbambani pic.twitter.com/uJxQLaMqoy

— Mbeki Institute (@TMALIunisa) May 28, 2016

Barney Afako

Afako is renowned for his vast experience in the fields of transitional justice, human rights and criminal justice in Uganda, Zimbabwe, Sudan and the United Kingdom, where he is a Tribunal Judge.

He is a co-founder of and adviser to the Ugandan Amnesty Commission. He steers the implementation of its mandate, including on questions of accountability and negotiations with militant groups in the area.

He also monitors and analyses the processes of the International Criminal Court (ICC) in Uganda. He has acted as chief legal adviser to the Southern Sudanese mediation in the Juba Peace Talks, responsible for developing and drafting the agreements, including on accountability and reconciliation mechanisms.

In 2009, Afako advised the African Union Panel on Darfur (AUPD), chaired by Mbeki, and was responsible for drafting the justice recommendations of its final report.

Since 2010, Afako has been an adviser to the African Union High Level Implementation Panel on Sudan and South Sudan (AUHIP), which is responsible for facilitating, on behalf of the African Union, negotiations between Sudan and South Sudan on post-secession issues.

He also participates in the African Union meetings and conferences regarding peace-brokering and justice issues. In March 2012, he took part in the BBC's public African Debate, under the theme "International justice: is Africa on trial?".

In addition to this work, Afako is a regular commentator in the international media on political and international justice developments in Africa.

SouthAfrica.info reporter