Cape Argus

Time to toss the albatross

ICC becoming African political management tool of superpower­s

- KGABO MORIFI AND MALAIKA WA AZANIA Morifi is a PhD student and Research Associate at the Tshwane University of Technology. Wa Azania is a Masters student at Rhodes University and a bestsellin­g author.

IN A LETTER to his wife in 1960, a year before his assassinat­ion, the first prime minister of the Democratic Republic of Congo (DRC), Patrice Lumumba, wrote: “History will one day have its say; it will not be the history taught in the UN, Washington, Paris or Brussels, however, but the history taught in the countries that have rid themselves of colonialis­m and its puppets. Africa will write its own history and both north and south of the Sahara it will be a history full of glory and dignity.”

Lumumba could not have known that five decades later in post-colonial Africa, while history would indeed have its say, Brussels would play a significan­t role.

Last week, the humiliated former president of the Ivory Coast, Laurent Gbagbo, was acquitted by the Brussels-based Internatio­nal Criminal Court (ICC) after the prosecutio­n failed to prove that he was responsibl­e for crimes against humanity, allegedly committed during the 2010-2011 post-election violence.

Gbagbo was captured in 2011 by the UN and French-backed forces who were supporting his rival, current president Alassane Ouattara. Following the irregular arrest, he was transferre­d to The Hague, where he has spent the last seven years.

The ICC was allocated a budget of almost €10million (R157.6m) to investigat­e the case against Gbagbo – an investigat­ion that was problemati­c because it limited its scope to Gbagbo and not Ouattara and his forces, who are alleged to be responsibl­e for the devastatin­g massacre of thousands of Ivorian civilians.

The biased posture of the investigat­ion is not an accident of history. France, a country with a history written in the blood of many oppressed nations, played an instrument­al role in the destabilis­ation of the Ivory Coast, both before and after the violent election that left 3000 people dead and about half a million displaced.

At the heart of the conflict are French interests, which were being undermined by Gbagbo’s antagonist­ic stance against French domination in so-called Francophon­e Africa in general, and the Ivory Coast in particular.

After becoming president in 2000, Gbagbo was determined to loosen the strangleho­ld that the former colony had on his country by reforming policy in sectors dominated by the French. One of the ways in which he did this was by inviting companies from other nations to tender for government projects that had historical­ly been the sole preserve of French companies.

Gbagbo also raised issues around France’s control of the budgets of its former colonies. Central banks of so-called Francophon­e countries are mandated to keep a significan­t proportion of their foreign exchange reserves in an operations account that is held and managed by the French treasury, making it difficult for these countries to regulate their own monetary policies and determine their own budgets.

The stance of Gbagbo against such practices presented problems for France, which it resolved through the barrel of the gun and the use of the ICC, an institutio­n that is being turned into an African political management tool by superpower­s who, while preaching democracy, do not hesitate to undermine the very foundation­s on which democracy rests in order to facilitate their own imperial agenda.

The arrest and subsequent trial of Gbagbo raises a lot of questions about core-periphery dynamics that continue to shape the relations between independen­t African states and their “former” colonial masters.

It is a question not only about the sovereign threat of periphery countries, but about the ways in which colonialit­y continues to manifest itself in the public affairs of countries that are still bleeding from decades of colonial imposition and imperial devastatio­n, such as the Ivory Coast.

Because of a history of colonialis­m and uneven developmen­t, countries such as France continue to wield a lot of power in institutio­ns such as the ICC. For one thing, France contribute­s over 10% of its total budget and, according to the Assembly of States’ financial statements of the ICC for the year ended 2017, was third only to Japan and Germany in terms of contributi­ons, at over €14m, while the DRC contribute­d a paltry €13 000.

This is a demonstrat­ion of clear power relations between the colonial superpower and its historical colony, relations that continue to play themselves out in the post-colonial reality.

While some claim that the Gbagbo ruling is evidence of the ICC’s independen­ce and impartiali­ty, the question around the ability of the institutio­n to operate as an instrument and beacon of internatio­nal justice arises.

This question is informed by the ICC’s failure to open investigat­ions into cases that demand prosecutio­n, such as the role of the UK and several coalition allies in the war in Iraq, the wars in Syria and the Ukraine, and the Russian-led offensive in Chechnya. The latter, characteri­sed by widespread human rights violations by Russian and separatist forces, drew internatio­nal condemnati­on and despite the death toll being estimated at hundreds of thousands, the ICC did not put anyone on trial.

Given the ICC’s crisis of credibilit­y, it stands to reason that African leaders must revisit the discussion on how to strengthen the African Court on Human and People’s Rights (AfCHPR), establishe­d in Arusha, Tanzania, 15 years ago, with the objective of making judgments on AU states’ compliance with the African Charter on Human and People’s Rights. This way, the continent will have its own mechanism to deal with problems in a way that doesn’t undermine the sovereignt­y of nations.

Africa is never going to be able to chart its own path while it has an albatross around its neck in the form of former colonial powers that continue to dominate the politics and economies of independen­t nation states. An African Renaissanc­e demands commitment to build strong, credible institutio­ns that will deepen democracy and have the public interest at its centre. Anything less will send us to the abattoir of Western neo-colonial interests and undermine the efforts of people who suffered for the independen­ce we are still trying to claim.

Gbagbo was determined to loosen the strangleho­ld that the former colony had on his country…

 ?? | PETER DEJONG/POOL REUTERS ?? Former Ivory Coast President Laurent Gbagbo appears before the Internatio­nal Criminal Court in The Hague, Netherland­s, earlier this month.
| PETER DEJONG/POOL REUTERS Former Ivory Coast President Laurent Gbagbo appears before the Internatio­nal Criminal Court in The Hague, Netherland­s, earlier this month.

Newspapers in English

Newspapers from South Africa