South Africa: ICC Move Betrays Victims
By Ebitonye Akpodigha
South Africa’s announced withdrawal from the International Criminal Court (ICC) treaty represents an enormous blow to its commitment to justice for atrocity crimes, Human Rights Watch said today. ICC members committed to accountability for the gravest crimes should reaffirm their support for the court at this time.
On October 21, 2016, South Africa’s foreign minister, Maite Nkoana-Mashabane, announced that South Africa had submitted a notice to United Nations Secretary-General Ban Ki-moon of its intent to withdraw as a party to the Rome Statute, the treaty that established and governs the ICC.
Notification is necessary to trigger the withdrawal, which comes into effect a year after such notice is given.
“South Africa’s withdrawal would be a huge reversal of its role as a leader promoting victims’ rights and the values in its post-apartheid constitution,” said Richard Dicker, International Justice director at Human Rights Watch. “It’s also unclear whether the South African government followed its own laws, not least because it did not consult parliament.”
South Africa is the only government that has given notice to withdraw its membership of the court since historic creation of the court in 1998.
The court’s mandate is to hold perpetrators of genocide, war crimes, and crimes against humanity to account when national courts are unable or unwilling to prosecute them for their crimes.
Prior to South Africa’s notification of withdrawal, Burundi’s Parliament passed a law for ICC withdrawal. The government of Burundi, however, has not submitted any notice to the UN secretary-general, which is needed to begin the withdrawal process.
Distinguished jurists and advocates in South Africa expressed dismay that their government submitted a notification of withdrawal without parliamentary authorization. Former South African Constitutional Court judge Richard Goldstone called the move unconstitutional. Goldstone was also the first chief prosecutor of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda. The Democratic Alliance, one of South Africa’s main opposition parties, and the Southern Africa Litigation Centre, a prominent human rights organization, signalled they may challenge the move in South Africa’s courts.
Nkoana-Mashabane claimed that a reason for South Africa’s withdrawal is that the government cannot conduct peace negotiations with parties in armed conflict because of its obligations to the ICC. However, the ICC treaty does not bar any active role in peace negotiations.
“South Africa’s leading role in developing principles for an effective and independent court makes the Zuma government’s decision especially troubling,” said Dicker. “South Africa has made a profoundly negative decision for victims and the rule of law.”
The Southern Africa Development Community (SADC) developed 10 principles on the establishment of the ICC at a meeting convened by South Africa in Pretoria in September 1997. These principles were a major positive contribution to the court’s effective creation, and represented a strong commitment by South Africa and the rest of SADC for a permanent, global war crimes court.
South Africa’s withdrawal from the ICC has been met with an outcry from activists across Africa. In a statement issued on October 21, African groups and international organizations with a presence in Africa called the move “a devastating blow for victims of international crimes across Africa” and urged other African ICC members – including Ivory Coast, Nigeria, Senegal, and Tunisia – to publicly affirm their support for the court.
Senegal’s minister of justice, Sadiki Kaba, who is the president of the ICC’s 124-member Assembly of States Parties, has asked South Africa to reconsider its position and “to work together with other States in the fight against impunity, which often causes massive violations of human rights.” Kaba is to hold a news conference in Dakar on October 24 on the issue.
South Africa’s withdrawal takes places amidst a backlash against the ICC emanating from Sudan and Kenya, both of whose leaders have faced charges by the court. Attacks on the ICC focus on claims that the court is targeting Africa.
While all but one of the ICC’s investigations to date are in Africa, the majority have been initiated following a request of an African government.
However, the ICC works in a global landscape where the disparity of political, economic, and military power is stark. A number of the most powerful countries, including three permanent members of the UN Security Council – Russia, China, and the United States – and their allies have not joined the court and have thus been able to avoid ICC scrutiny. The permanent members of the security council have used their veto privilege to block referral to the ICC of situations desperately in need of justice in countries that are not ICC members, including Syria.
Since 2009, activists across Africa have joined with international groups to call for African governments to support and strengthen the ICC, instead of undermining it.
“African states played a foundational role in creating the ICC, which marked a significant shift towards ensuring that no one is above the law and everyone deserves justice,” said Dicker. “We need to strengthen the court’s delivery of justice and extend its reach to more countries. But the goal of justice, including redress and reparations for victims, is too important to throw away because of flaws in the global system.”
Cote d’Ivoire Abandons Import Substitution Policy, Goes For Russian Grains, Others
By Kestér Kenn Klomegâh
The Republic of Côte d’Ivoire has abandoned its import substitution policy and other economic measures, including the budgetary allocation for modernizing local agriculture and support for boosting domestic agricultural production. It, however, boasts around 64.8 per cent of arable and agricultural land, which largely remains uncultivated.
Arguably, Côte d’Ivoire, located on the Gulf of Guinea (Atlantic Ocean), could support its fishing industry by spending adequate funds on acquiring simple fishing equipment for local people and even start its own large-scale fish ponds but instead plans to increase fish imports into the country.
It was gathered that the West African country might spend an estimated $100 million on exports of Russian food and agricultural products this second quarter of 2023.
The Russian Agriculture Ministry’s Agroexport Center said it was ready to export such products to Côte d’Ivoire as its market is promising for exports, including grain, fish, sunflower and soybean oil, processed grain products and prepared meat products, among others.
Russian exports of agribusiness products to Côte d’Ivoire more than doubled to $41.6 million in 2021 from $18 million a year earlier, the report said. This included 96,100 tonnes of wheat worth $26.2 million, 12,900 tonnes of fish worth $8.7 million, 1,100 tonnes of sunflower oil worth $1.7 million and 400 tonnes of ice cream worth $0.5 million.
Statistics show that imports from the Côte d’Ivoire are far higher and grew to $237.5 million in 2021 from $223.7 million in 2020, although by the volume they dropped to 72,600 tonnes from 74,500 tonnes. These imports included 43,800 tonnes of cocoa beans worth $141.8 million, 18,100 tonnes of cocoa paste worth $69.3 million and 3,400 tonnes of cocoa powder worth $8.5 million.
“The decrease in Russian imports by volume was due to the reduction of purchases of cocoa beans and cocoa powder. At the same time, cocoa paste imports showed significant growth: 27% by volume and 37.2% by value,” the report said.
Around 7.5 million people made up the workforce. The workforce took a hit, especially in the private sector, with numerous economic crises since the 2000s. Decreasing job markets posed a huge issue as unemployment rates grew.
With rising unemployment, especially among the youth, experts suggested the government engage in economic diversification, focus on support for improving local production. Therefore, preliminary solutions proposed to decrease unemployment included diversifying the economy and increasing financial support in addressing domestic food security.
With an estimated population of 29 million, the economy of Côte d’Ivoire has grown faster than that of most other African countries since independence. One possible reason for this might be taxes on exported agriculture. It is the world’s largest exporter of cocoa beans. In 2021, cocoa-bean farmers earned $2.53 billion for cocoa exports. Generally, it is the fourth-largest exporter of general goods in sub-Saharan Africa (following South Africa, Nigeria, and Angola)
By geographical description, Côte d’Ivoire is a country in western sub-Saharan Africa. It borders Liberia and Guinea in the west, Mali and Burkina Faso in the north, Ghana in the east, and the Gulf of Guinea (Atlantic Ocean).
Cote d’Ivoire Launches Startup Act to Support Ecosystem
By Adedapo Adesanya
Nigeria’s West African neighbour, Cote d’Ivoire, may be the latest country in the African continent to get a Startup Act as the Ivorian government unveiled the framework designed to support the country’s most talented start-ups.
The journey began in 2018, and after much deliberations, in August 2021, startup ecosystem players gathered in the capital Yamoussoukro to develop a local law fostering startups in the West African country.
Two years later, the bill was approved by the Ivorian Council of Ministers, the country’s top executive decision-making body.
The bill, among other things, establishes the terms of financing and support for digital startups under Ivorian law. Its special goal is to support the development and sustainability of these vulnerable enterprises’ creative activity until they reach maturity in order to maximise their contribution to the transformation of the national economy and the quality of life of the people.
To give more weight and visibility to young innovative companies, Côte d’Ivoire announced a new legal framework. The Ivorian Startup Act, which is awaiting parliamentary approval, should soon bring a wind of change in the entrepreneurial ecosystem.
Speaking on this recently following a meeting with stakeholders from Tunisia, the first African country to pass a Startup Act, Florence Tahiri Fadika, who is a technical advisor in charge of innovation and change at the country’s Ministry of Communication and the Digital Economy, said, “A meeting with our Tunisian counterparts during a benchmarking study at the end of 2022 accelerated the process. Tunisia is one of the first countries in Africa to have implemented a Startup Act. Their model is inspiring because it is very operational. The benchmarking mission, organized by the NTF V project, enabled us to benefit from Tunisia’s experience and to identify good practices.”
Following Tunisia’s model, the Ivorian Startup Act is driven by a strong political will and intends to bring concrete results.
“While waiting for the law to be officially voted by our assemblies, we are already working to make the Startup Act a tangible reality. The idea is not to copy the Tunisian legislation but to adapt it to the reality of our economy. A mapping study is underway and should enable us to precisely target the needs of our ecosystem,” Fadika said.
“At the same time, we are developing construction projects for new technology parks and start-up campuses,” she said. “Under the Startup Act, eligible start-ups will be able to benefit from state-of-the-art infrastructure and numerous amenities in order to succeed both regionally and internationally.”
The beneficiary start-ups will be able to access new opportunities in terms of training, financing, promotion, and access to public contracts and international markets.
When it becomes a law, the country will join Tunisia (April 2018), Senegal (December 2019), and Nigeria (October 2022) as African countries with startups backing the legislation.
Africa is Against Economic Colonization—Mudenda
By Kestér Kenn Klomegâh
Parliamentarians from Russia and Africa discussed issues of development of economic cooperation during the first day of their conference March 19 to 20, in Moscow.
The objectives of the conference are to strengthen parliamentary cooperation with African countries in the conditions of formation of a multipolar world, to develop relations and develop common approaches to legal regulation in the economy, science and education and security.
Round table discussions on the topic “Legislative Response to Economic Challenges” was held as part of the International Parliamentary Conference Russia-Africa events.
First Deputy Chairman of the State Duma, Alexander Zhukov, stressed that Africa “is a rapidly developing region with great prospects and that Russia is currently actively working to enhance cooperation with the countries of the African continent.”
“Unlike many Western countries, Russia does not have colonial experience, and the contribution of the Soviet Union to the liberation of African countries from colonial dependence is also well known to everyone,” he explained.
“An important part of the cooperation should be the exchange of legislative experience with African countries in key areas,” he said.
“Our mutual economic interests include investments, cooperation within production chains, cooperation in strategic infrastructure projects, energy, medicine, financial technologies, and that, of course, along with the traditional supply of grain and fertilizers,” said the First Deputy Chairman of the State Duma.
Africa stands for an equal partnership
Jacob Mudenda, the Speaker of the National Assembly of the Republic of Zimbabwe, stressed that there should be a “specific approach” to provide a legislative response to economic challenges.
“Africa has resources, including those that cannot be found in other countries, even in developed ones. That is why Africa is the best investment option,” he said.
“Africa is against economic colonization; Africa stands for equal partnership,” said Jacob Mudenda.
Speaking about legislative issues, he said that the continent needed infrastructure and its development, such as road improvements, rail and air transport.
“If there is no infrastructure, it will be impossible to trade even with developed countries such as Russia and with Africa,” said the Speaker of the National Assembly of the Republic of Zimbabwe.
He also noted the necessity to develop the energy sector for industry and sufficient water for agriculture.
The Chairman of the State Duma Committee on Energy, Pavel Zavalny, said that signing intergovernmental agreements was an important tool of political support for enhancing energy cooperation between Russia and African countries.
He emphasized that energy was one of the most promising areas of economic cooperation between Russia and African states. Economic growth and energy demand are shifting to Asia and Africa in global economic and geopolitical transformation conditions.
“One of the tools for intensifying economic cooperation is political support. Currently, there have been established economic cooperation with 14 countries of the continent at the state level, there were created high-level bilateral commissions, and signed intergovernmental agreements,” stressed Zavalny.
“The development and harmonization of energy legislation can play an important role in enhancing mutually beneficial energy cooperation between Russia and African countries. And that is the work that we should do in the interests of our nations,” concluded the Chairman of the State Duma Committee on Energy.
Multipolar world instead of hegemony
Jean-François Buzonni, a deputy spokesman assistant for the Union of the Congolese Nation (Congo) political party, said he was very pleased that Russia had turned its attention to the African continent, “which for many years has been under the yoke of Western countries.”
“The world no longer lives under the hegemony of one country. We see the transformation processes of a multipolar world,” he stressed.
“I am glad that Russia is seeking to develop equal partnership relations with the countries of the region for the common benefit,” added Jean-François Buzonni.
Transition to national systems of settlement
According to Maxim Topilin, the Chairman of the Committee on Economic Policy, the sanctions and pressure that Russia is experiencing just prove that “any situation in which a country maintains its independent position can lead to the destruction of all economic ties.”
“That should be a lesson to us,” he added.
Topilin said that in relations between Russia and Africa, it is necessary to focus on national systems of settlement. “It is very important not to be based on those standard principles, use those currencies that we used in the framework of joint projects,” he said.
Topilin is convinced that for further cooperation between Russia and Africa, it is necessary to create new international organizations. “We should think about new supranational institutions for recognition, certification, and admission to the markets of certain goods. There is a lot of work that should be done,” said the Chairman of the Committee on Economic Policy.
Topilin also recalled that a draft law on Islamic banking was being prepared for the second reading, and members of the State Duma plan to adopt it during the spring session. “From the point of view of cooperation with Islamic countries, that definitely will be a very serious breakthrough in the financial strategy,” he added.
More than 40 parliamentary delegations from African countries arrived at the conference, which was also attended by members of the State Duma, senators of the Federation Council, and representatives of the educational and business community. The conference was held just a few months before the second Russia-Africa summit, which is planned to be held in July 2023 in Saint Petersburg.
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