Introduction
There are several key legal issues that seem to dominate the African and international media in recent months. Firstly, the African Union’s Assembly of Head of State and governments at its 28th Ordinary Session held in Addis Ababa, Ethiopia, made an unparalleled decision against the International Criminal Court (ICC). In a resolution, the African leaders “welcomes and fully supports the sovereign decisions taken by Burundi, South Africa, and The Gambia as pioneer implementers of the Withdrawal Strategy, regarding their notification of withdrawal from the ICC.” In addition, the organization also called on its member states to withdraw from the ICC.

However, Human Rights Watch indicated that “Nigeria, Senegal, and Cape Verde ultimately entered formal reservations to the decision adopted by heads of state.” Also, “Liberia entered a reservation to the paragraph that adopts the strategy, and Malawi, Tanzania, Tunisia, and Zambia requested more time to study it.” Unfortunately, it appears that the AU is embarking on a serious campaign to withdraw Africa from the ICC which has been a medium that is designed to end impunity in Africa and the developing world.

Prior to the 28th Ordinary Summit of the African Union, the governments of South Africa and the Gambia had contemplated on pulling out of the International Criminal Court (ICC). South African is claiming that the mandates of the ICC are in “violation” of the conventions of the African Union (AU), an organization of African governments and states. The Gambia has dismissed the ICC as a court that is biased against Africa. . (The Gambia, under the Adama Barrow Administration has since returned to the jurisdiction of the ICC).

Secondly, reports of the trial and conviction of the former President of Chad in Dakar, Senegal is noticeable. The third visible legal element includes news regarding the start of the trial of the former first lady of Ivory Coast, Ms. Simone Gbagbo, in Abidjan. It is essential to note that the focus of this analysis is designed to look at the challenges of prosecuting war crimes and crimes against humanity in the African courts against the backdrop of the African Union’s decision against the ICC.

This analysis also comes at a time when victims of injustices on the African continent are painfully seeking legal redress from the International Criminal Court in The Hague for crimes allegedly committed by African leaders against their own population. However, African leaders are contending that any claim of injustice and abuse must be litigated in the African courts and under the guidance of African judges.

Notwithstanding, victims have countered that the African courts do not have the capacity to deliver the justice that they urgently demand. The victims argue that the African courts are corrupt and easily influenced by political considerations.
The Senegalese Trial
A Senegalese based court that evolved from the African Union sentenced former Chadian President Hissene Habré to life in prison on May 30, 2016, for torture. Mr. Habre has been on trial on charges of war crimes, crimes against humanity and rape dating to his presidency from 1982 to 1990.

The trial started in July 2015 following nearly fifteen years of delay. The surfacing of the trial was a result of massive advocacy by both victims of the Habre’ regimes and human rights campaigners.

Mr. Habre fled to Senegal in 1990 after his government was overthrown in a military coup. He subsequently sought and received political asylum in Senegal. The African Union succumbed to pressure and supported the arrest and detention of Habre in 2013 and which resulted in his trial and conviction.

Mr. Habre had consistently rejected the authority of the Senegalese court and refused to testify before it. At some point during the trial, Mr. Habre was forcibly led into the court room and his supporters considered the court proceedings as “staged” to impeach the service of the former Chadian leader. Yet, victims and human rights campaigners have hailed the conviction as a closure for the victims of the Chadian dictator. The second issue that caught my attention is the trial in Ivory Coast.

The Ivory Coast Case
In the West African nation of Ivory Coast, official known as Cote D’Ivoire, the former first lady of the country, Mrs. Simone Gbagbo is on trial. The trial resumed recently in Abidjan, the country’s capital. Mr. Gbagbo is the wife of former Ivorian President Laurent Gbagbo who was deposed with the help of French troops stationed in the country’s capital Abidjan.

The country’s Attorney-General has charged the former first lady for undermining “state security.” The Ivorian Government accused Mrs. Gbagbo for her alleged participation in human rights violation of the supporters of now Ivorian President Alassane Ouattara.
The trial of Mrs. Gbagbo has its basis in the aftermath of the 2010 post-elections conflict that witnessed the murder of hundreds of people on both sides of the conflict involving then President Gbagbo and then rival Ouattara. A human tragedy emerged when Mr. Gbagbo declined to accept the outcome of the results of the elections.
As soon as the trial of Mrs. Gbagbo began in Abidjan, victims and human rights advocates raised concerns about its credibility. Reports indicated that three rights groups representing nearly 250 victims of the Ivorian bloodbath said they would refuse to take part in the trial of Mrs. Gbagbo because of doubts over its credibility.
Media reports quoted Pierre Kouame Adjoumani, of the Ivorian League of Human Rights as saying that the trial lacked relevance. Mr. Adjoumani reportedly indicated that Mrs. Gbagbo was “accused of crimes against humanity, something she could have only done through an organized group – so why is only she being judged?”

Mrs. Gbagbo who is 65-year-old, along with eight civilian and military devotees of her spouse, former president Laurent Gbagbo, commenced under substantial security and was broadcast on local radios.

African Governments and ICC
Arguably, it is unthinkable that the African judicial system has the capacity to attempt to prosecute allegations of rights abuses and crimes against humanity. Over the years, the International Criminal Court in The Hague has served as the arbiter of justice for African and most of the developing world.

The creation of the International Criminal Court (ICC) in The Hague has witnessed the prosecution of some of the leading dictators in Africa. The case of rebel leader turned President Charles Taylor who is now in a British prison in the United Kingdom is a classic example. In spite of the fairly good work that the International Criminal Court is going, it continues to receive frequent disdain from a cross-section of African leaders.

For instance, the African Union unashamedly refused to honor the arrest warrant issued by the International Court against the Sudanese President. The government of South Africa declined to implement the arrest of the Sudanese President during his state visit despite the country’s consent to the agreements of the ICC at the time. But the High Court in South has blocked the withdrawal of the southern African nation and that reversal decision has been conveyed to the United Nations..

Surprisingly, the African National Congress, which currently provides leadership for the South African state, had sought justice against apartheid through the International Criminal Court during its struggle.

Indeed, times have changed and the revolutionaries are rejecting what they called “international intervention” in the African judicial matters. It is sad and unprecedented that the predominantly black government that grew out of the collapse of apartheid can now side with the dictator in the person of the Sudanese President.

Selective Prosecutions
So, it is somewhat surprising that the African Union has had confusing positions to defend against the prosecution of the Sudanese President while supporting the prosecution of former President Habre’ and former first lady Mrs. Gbagbo. However, while for example, the Ouattara government is joyfully parading Mrs. Gbagbo through the Ivorian criminal court system, President Ouattara has strongly refused to turn over former Burkina Faso President Blaise Compaore to his home government for prosecution on charges of human rights violations and murder.

It can be recalled that a combination of the Burkina Faso civic and military groups forced Mr. Compaore from power forcing him into exile in Ivory Coast. The government in Burkina Faso has issued an arrest warrant for Mr. Compaore for allegedly murdering then President Thomas Sankara during an October 1987 military coup d’état. Mr. Compaore has been offered Ivorian citizenship under the direction of President Ouattara to protect him from prosecution. As a side note, Ivorian President Ouattara has family roots in Burkina Faso.

Still, in the Ivory Coast, it is evident that Mr. Ouattara served as the leader of a loose group of rebel groups that launched an armed revolt against the Gbagbo government.

Data indicates that the Ivorian post-election crisis left 3,000 dead. Genocide Watch says that forces backing both former President Laurent Gbagbo and current President Alassane Ouattara were implicated in war crimes and possibly crimes against humanity during that period of conflict.
In 2013, Mr. Alan White, the former chief of investigations for the United Nations Special Court for Sierra Leone called on the International Criminal Court (ICC) to investigate and prosecute leaders of the Forces Nouvelles, the rebel group loyal to President Ouattara over alleged atrocities the group committed during the civil war in Ivory Coast.

Mr. White observed at the time that there was a need to ensure balanced investigation and a balanced prosecution. He pointed out that “Quite frankly that is one of the areas right now that the country of Ivory Coast is struggling from is the fact that there is not a sense of justice.”

Implications and Challenges
While it should be a welcome experience for African Governments through the African Union to mirror the prosecution of crimes and abuses allegedly carried out by individuals of power and influence, such approach must be designed to deliver actual and equal justice. This analysis is no sympathizer to individuals who are indicted for crimes against humanity and other dreadful crimes.

However, if such prosecutions are to be taken seriously, then all African leaders and their allies who are connected to war crimes and systematic killings of their people must be brought to justice to include former Burkina Faso President Blaise Compaore and leaders of the Ivorian rebel group the New Forces that are loyal to President Ouattara as well as the President Bashir of Sudan.

I believe that if the Senegalese government can embrace the challenges to revoke the asylum of former Chadian President Hissene Habre and subsequently support his prosecution, conviction, and sentencing to twenty years in prison, then the African Union must follow the same lead in bringing Mr. Ouattara and the Sudanese President to justice.

Moreover, the African Union as a matter of urgency must also seek to support the prosecution of the rebel group- The New Forces in Ivory for their role in pre and post-elections killings in Ivory Coast. But if only the supporters of former President Laurent Gbagbo are singled out for prosecution as is currently observed, the intent and objective for justice and fair-play will be elusive.

It is not too late to meet the challenge. African governments must demonstrate that political will to consider the serious implications that their disdain for the ICC has in undercutting justice in Africa. The African Union can support the ICC while at the same time engage and collaborate with the court and work-out their concerns.

The African Union has an obligation to develop and implement a judicial system that will work for everyone; the poor, the have little, have nothing, the rich and the powerful by recognizing the ICC as a partner in the attainment of the rule of law on the continent. It is important to note that the AU’s current position on the ICC has the potential to undermine goodwill and support the African judicial system that needs international support to clean the African criminal justice system of corruption, bias, and political control.

It seems irrational that the AU will undermine the authority of the ICC especially when it does not have the political resolve and capacity to enhance the credibility and viability of the African criminal justice system. The wrong-headed AU resolution has further opened a gateway for African leaders to enhance their dictatorial rule. At the same time, the decision will ultimately undermine the prosecution of war crimes and crimes against humanity in Africa.

Meanwhile, it is hoped that more African countries will join Nigeria, Senegal, and Cape Verde, Liberia, Malawi, Tanzania, Tunisia, and Zambia to push against the withdrawal from the ICC. There is no doubt that such an action will require courage and strong political determination because it deserves the sustained effort to end impunity on the African continent.

By: Kai G. Wleh
Editor-In-Chief
African Star

A report from Washington DC says the U.S. plans to shutter its State Department Office which oversees war crimes. According to the Washington based online website The Hill, the Coordinator of the Office Global Criminal Justice (OCGJ) has been advised that he is being re-assigned to a new department at the State Department and with new duties. The report quoted by the online website says staff in the OCGJ are also being re-assigned. There has been no confirmation of the report from the State Department.

Headed by Ambassador Todd F. Buchwald, the OCGJ, the website of the Office says it “…advises the Secretary of State and the Under Secretary of State for Civilian Security, Democracy, and Human Rights on issues related to war crimes, crimes against humanity, and genocide. In particular, the Office helps formulate U.S. policy on the prevention of, responses to, and accountability for mass atrocities. To this end, the Office advises U.S. Government and foreign governments on the appropriate use of a wide range of transitional justice mechanisms, including truth and reconciliation commissions, lustrations, and reparations, in addition to judicial processes.”

It is unclear why this important office at the State Department is facing closure. It is, however, well known that the Trump Administration which has been in office for seven months has yet to fully staff major diplomatic and State Department offices, in addition to dealing with budgetary cuts to the Department.

Implications for Africa

The closure of the OCGJ may have major implications for support of ongoing international investigations in Africa and the push to indict and arrest alleged criminals for prosecution at the International Criminal Court (ICC) based in the Hague, Netherlands or locally. Although not a member of the ICC, which is a court of last resort for the prosecution of war crimes, genocide and crimes against humanity. the U.S. works closely with international human rights groups and supports the UN Security Council in the effort to achieve international justice.

International Criminal Court (ICC)

120 nations, in July, 1998 adopted the Rome Statute which officially came into force in July, 2002. The Rome Statute established the International Criminal Court (ICC) for the “prosecution of the perpetrators of the most serious crimes committed in their
territories or by their nationals…”

In defense of the opening of a large number of investigations in Africa, the independent ICC says, “…The majority of ICC investigations were opened at the request of or after consultation with African
governments. Other investigations were opened following a referral by the United Nations Security Council, where African governments are also represented.

The Office of the Prosecutor (OTP) of the ICC which is headed by an African female, the Gambian jurist and Prosecutor Madam Fatou Bensouda says “Upon referrals by States Parties or by the UN Security Council , or on its own initiative and with the judges’ authorisation, the Office of the Prosecutor (OTP) conducts investigations by gathering and examining evidence, questioning persons under investigation and questioning victims and witnesses, for the purpose of finding evidence of a suspect’s innocence or guilt. OTP must investigate incriminating and exonerating circumstances equally. OTP requests cooperation and assistance from States and international organisations, and also sends investigators to areas where the alleged crimes occurred to gather evidence. Investigators must be careful not to create any risk to the victims and witnesses.”

ICC Preliminary Investigations in Africa

According to the ICC, currently, there are preliminary investigations in 4 African countries.
Burundi – Focus: Alleged crimes under the ICC’s jurisdiction committed in Burundi since April 2015.

Gabon – Focus: Alleged crimes under the ICC’s jurisdiction committed in Gabon since May, 2016.
Guinea – Focus: Alleged crimes against humanity committed in the context of the 28, September 2009 events in Conakry, Guinea.

Nigeria – Focus: Alleged crimes against humanity or war crimes committed in the Niger Delta, the Middle-Belt States and n the context of armed conflict between Boko Haram and the Nigerian security forces in Nigeria.

As part of its analyses in preliminary investigations, the OTP of the ICC decides whether there is enough information on the seriousness of the crime committed before proceeding; whether the alleged crime committed by a national of a State Party and on the territory of the State party and if the alleged crime is listed in the Rome Statute.

In making its determination to open a preliminary investigation, the ICC says consideration is made “…whether an investigation would be admissible (a national court is not already dealing with it); and whether or not an investigation would be in the interests of justice and the victims (here OTP considers whether, regardless of jurisdiction and admissibility, there is some good reason not to take on this situation).

Currently and as part of its preliminary investigations, the OTP is dealing with the issues of jurisdiction in Burundi and Gabon and admissibility in Guinea and Liberia.

No African country made the list of “closed with the decision not to investigate”.

Formal Investigations

The OTP of the ICC concluded preliminary investigations in 8 Africans countries and made the decision to open formal investigations:

Central African Republic (CAR):
Situation referred to the ICC by the CAR Government: December 2004
ICC investigations opened: May 2007
Current focus: Alleged war crimes and crimes against humanity committed in the context of a conflict in CAR since 1 July 2002, with the peak of violence in 2002 and 2003. (See CAR II for the situation in CAR from 2012 onward.)
Current regional focus: Throughout CAR

Central African Republic (CAR) II:
Situation referred to the ICC by the CAR Government: May 2014
ICC investigations opened: September 2014
Current focus: Alleged war crimes and crimes against humanity committed in the context of renewed violence starting in 2012 in CAR. (See CAR I regarding the 2002/2003 conflict in CAR.)
Current regional focus: Throughout CAR

Cote d’Ivoire:
Côte d’Ivoire accepts ICC’s jurisdiction: April 2003 – Rome Statute ratification: 15 February 2013
ICC Prosecutor opens proprio motu investigations after authorisation of Pre-trial Chamber: 3 October 2011. (The Office of the Prosecutor opened this investigation on its own initiative.)
Current focus: Alleged crimes within the jurisdiction of the Court committed in the context of post-election violence in Côte d’Ivoire in 2010/2011, but also since 19 September 2002 to the present
Current regional focus: Throughout Côte d’Ivoire, including, the capital of Abidjan and western Côte d’Ivoire

Sudan, Dafur:
Situation referred to the ICC by the United Nations Security Council: March 2005
ICC investigations opened: June 2005
Current focus: Alleged genocide, war crimes and crimes against humanity committed in in Darfur, Sudan, since 1 July 2002 (when the Rome Statute entered into force)
Current regional focus: Darfur (Sudan), with Outreach to refugees in Eastern Chad and those in exile throughout Europe.
Democratic Republic of Congo:

Situation referred to the ICC by the DRC Government: April 2004
ICC investigations opened: June 2004
Curren​t focus: Alleged war crimes and crimes against humanity committed in the context of armed conflict in the DRC since 1 July 2002 (when the Rome Statute entered into force)
Current regional focus: Eastern DRC, in the Ituri region and the North and South Kivu Provinces

Kenya:
ICC Prosecutor opens proprio motu investigation: March 2010. ((The Office of the Prosecutor opened this investigation on its own initiative.)
Current focus: Alleged crimes against humanity committed in the context of post-election violence in Kenya in 2007/2008.
Current regional focus: Six of the eight Kenyan Provinces: Nairobi, North Rift Valley, Central Rift Valley, South Rift Valley, Nyanza Province and Western Province

Libya:
Situation referred to the ICC by the United Nations Security Council: February 2011
ICC investigations opened: March 2011
Current focus: Alleged crimes against humanity committed in the context of the situation in Libya since 15 February 2011
Current regional focus: Throughout Libya in, inter alia, Tripoli, Benghazi, and Misrata

Mali:
Situation referred to the ICC by the Government of Mali: July 2012
ICC investigations opened: January 2013
Current focus: Alleged war crimes committed in Mali since January 2012
Current regional focus: Mainly in three northern regions, Gao, Kidal and Timbuktu, with certain incidents in Bamako and Sévaré, in the south

Uganda:
Situation referred to the ICC by the Government of Uganda: January 2004
ICC investigations opened: July 2004
Current focus: Alleged war crimes and crimes against humanity committed in the context of a conflict between the Lord’s Resistance Army (LRA) and the national authorities in Uganda since 1 July 2002 (when the Rome Statute entered into force)
Current regional focus: Northern Uganda

ICC Convictions

3 Africans have been sentenced following their war crimes convictions and include Ahmad Al Fafi Al Mahdi from Mali – 9 years, Germain Katanga from DRC – 12 years and Thomas Lubanga Dyilo from DRC – 14 years. Their sentencing included payment of reparations to their victims from a Trust Fund.

War crimes trials are ongoing for former Ivorian President Laurent Gbagbo, Jean Pierre Bemba from the CAR and Bosco Ntaganda from the DRC. Bemba has appealed his conviction.

The OTP has closed, withdrawn or has been unable to confirm 5 cases which involved Kenyan President Uhuru Kenyatta and Vice President Ruto, Abu Garda of Dafur, Sudan, Ngudjolo Chiu from DRC and Callixte Mbarushimana from DRC.

Prosecution

In February, 2017 the African Union (AU) issued a non-binding resolution to back the mass withdrawal of African countries from the ICC and accused the body of “undermining their sovereignty and unfairly targeting Africans.” But the AU also resolved to also engage the UN Security to undertake reforms of the ICC. While most African heads of state are divided, and in in some in some instances vehemently opposed to the jurisdiction of the Court, their citizens who have been the subject of state crimes, crimes against humanity and abuses look to the court for justice and protection.

In Liberia, reports have emerged that there is an international investigation and evidence gathering against principal players in the Liberian civil war between 1989 – 1997 where an estimated 250,000 were killed and nearly 700,00 others internally and externally dislocated. Liberia has no national court to try accused perpetrators. There have been calls in in and out of the country for the establishment of a War Crimes Court for the prosecution of perpetrators at the Hague.

As part of the Accra Comprehensive Peace Agreement signed by the warring parties to end the war, a Truth and Reconciliation Commission (TRC) was established in Liberia to, among other things, “promote national peace, security, unity and reconciliation,” and at the same time, make it possible to hold perpetrators accountable for gross human rights violations and violations of international humanitarian law that occurred in Liberia.

Recently, the former head of Liberia’s TRC Counselor Jerome Verdier disclosed that new war crimes perpetrators have been uncovered in Liberia and are currently the subject of new crimes and international human rights investigations for their alleged war crimes.
The former TRC Chief in his disclosure explained that “…Notwithstanding, the TRC Report recommended further investigations, which are now currently ongoing, into the activities of perpetrators who lied to the TRC, avoided the TRC or were completely unidentified by the TRC…”
The Liberian national held accountable for war crimes and crimes against humanity is former rebel turned President Charles G. Taylor who was prosecuted and found guilty by the ICC-supported Special Court for Sierra Leone (SCSL). Taylor is serving a 50 year jail sentence in the UK.
The international community in Europe and the U.S. has so far identified a number of alleged war criminals from Liberia and in some instance has begun prosecution.

Since the conclusion and submission of its Final Report to Liberia’s National Legislature, no substantive actions have been taken on the recommendations of the TRC which included Criminal Prosecution for violations, Reparations and a “Palava Hut” Forum.

Human rights activists in other hotspots across Africa including South Sudan, Ethiopia, Zimbabwe, Somalia, Cameroon and others have reported low grade government crackdown, rebel attacks and violence against citizens, dissidents and opposition members.

African and U.S observers say closure of the U.S. Office of Global Criminal Justice (OGCJ) at the State Department will create a loss of focus by the U.S. and exacerbate the worsening human rights conditions on the African continent by perpetrators and actors who commit war crimes.

By: Emmanuel Abalo
African Star

Reports from Liberian capital Monrovia say residents of the slum community of Clara Town have booed incumbent Vice President and Presidential hopeful Joseph Boikai during an endorsement visit to the area on Tuesday Wednesday. An eyewitness reached by telephone told the African Star that some residents of the area were displeased with the visit of the Vice President whom they accused of “encroaching on the territory; of the largest opposition Congress for Democratic Change (CDC) political party.
Clara Town is considered a strong-hold of Senator George Weah, leader of the CDC.

Several supporters of the ruling Unity Party (UP) of President Boikai were chased away during the protest which almost turned violent but for the intervention of the Liberia National Police (LNP) which quickly arrived on the scene and contained the situation. According to the eyewitness, CDC supporters who were chanting party slogans blocked vehicle access of the Vice President.

CDC party leader Senator Weah has yet to issue a statement on the incident. An official of the UP has condemned the action of CDC partisans calling it “undemocratic”. Vice President Boikai recently announced his selection of current House Speaker Emmanuel Nuquay as his running mate.
There are fears of an uptick in political violence in the lead up to the holding of Presidential and General Elections on October, 2017. 20 Political registered and certified political parties are contesting the elections including the CDC and the ruling UP.
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Meantime, according to its elections timetable, Liberia’s National Elections Commission (NEC) is expected to publish the preliminary list of candidates on Friday, July 14th. The NEC has been receiving candidates nomination since June 19th, Two Vice Presidential candidates of the Liberty Party(LP) – Mr. Harrison Kanwea and Alternative National Congress (ANC) – Ambassador Jeremiah Sulunteh have been disqualified by the NEC based on stipulations of the Code of Conduct (COC) which has been upheld by the West African nation’s highest court.

According to Part V of the CoC under the heading Political Participation, “… All Officials appointed by the President of the Republic of Liberia shall not:
a) engage in political activities, canvass or contest for elected offices;
b) use Government facilities, equipment or resources in support of partisan or political activities;
c) serve on a campaign team of any political party, or the campaign of any independent candidate…”
Section 5.2 further stipulates that “…a) Any Minister, Deputy Minister, Director-General, Managing Director and Superintendent appointed by the President pursuant to article 56 (a) of the Constitution and a Managing Director appointed by a Board of Directors, who desires to contest for public elective office shall resign said post at least two (2) years prior to the date of such public elections;
b) Any other official appointed by the President who holds a tenured position and desires to contest for public elective office shall resign said post three (3) years prior to the date of such public elections…”

Representative and Presidential Campaign period kicks off on July 31 through October.

By Staff Reporter
African Star

In the just released U.S. State Department 2017 Trafficking in Persons Report, 20 sub-Saharan African countries among others world-wide have been placed on the Tier 2 Watchlist as it relates to human trafficking, prosecution, protection and prevention.

According to the global report, all countries listed on the Tier 2 Watchlist are those whose governments do not fully comply with the Trafficking Victims Protection Act (TVPA’s) minimum standards, but are making significant efforts to bring themselves into compliance with those standards AND:
a) The absolute number of victims of severe forms of trafficking is very significant or is significantly increasing;
b) There is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year; or
c) The determination that a country is making significant efforts to bring itself into compliance with minimum standards was based on commitments by the country to take additional future steps over the next year.

The TVPA is a U.S. federal law enacted and amended in 2000 “provides the tools to combat trafficking in persons both worldwide and domestically.”

Countries listed on the Tier 2 Watch List include:
Benin
Burkina Faso
Cape Verde
Cameroon
Chad
Djibouti
Gabon
Gambia
Ghana
Liberia
Madagascar
Mozambique
Niger
Nigeria
Rwanda
Senegal
Sierra Leone
Swaziland
Zambia and
Zimbabwe

17 sub-Saharan African countries were designated as Tier 2 and comprise Countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards. They include:
Angola
Botswana
Cote d’Ivoire
Egypt
Ethiopian
Kenya
Lesotho
Malawi
Mauritius
Morocco
Namibia
Sierra Leone
South Africa
Tanzania
Togo
Tunisia and
Uganda

No African country made Tier 1 which comprise countries whose governments fully comply with the Trafficking Victims Protection Act’s (TVPA) minimum standards.
Nigeria
On Nigeria, the U.S. State Department charged that ” The Government of Nigeria does not fully meet the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government demonstrated significant efforts during the reporting period by investigating, prosecuting, and convicting traffickers; conducting anti-trafficking training for law enforcement officials; and repatriating some Nigerian trafficking victims identified abroad. However, the government did not demonstrate increasing efforts compared to the previous reporting period. During the reporting period, credible observers reported for the first time that some elements of the Nigerian security forces (NSF) used children as young as 12 years old in support roles, and NSF continued to detain and arrest children for alleged association with Boko Haram, some of whom may have been forcibly recruited. The Nigerian military also conducted on the ground coordination with the Civilian Joint Taskforce (CJTF), non-governmental self-defense militias that continued to recruit and use children—possibly unwillingly and mostly in support roles—and at least one of which received state government funding. Government officials—including military, police, and federal and state officials—were involved in widespread sexual exploitation of Borno State women and girls displaced by Boko Haram, at times forcing women and girls in IDP camps to provide commercial sex acts in exchange for food.
On the issue of prosecution, the U.S. State Department said the Nigerian government maintained anti-trafficking law enforcement efforts, but there were increased reports of government complicity in human trafficking.

Recommendations advised that Nigeria “Cease NSF elements’ use of children; cease provision of financial and in-kind support to armed groups that recruit and use children; vigorously investigate, prosecute, and convict traffickers—including complicit officials, labor traffickers, and those who recruit and use child soldiers—and impose sufficiently stringent sentences; cease detaining former confirmed or suspected child soldiers, and ensure such children are not penalized for crimes committed as a result of being subjected to trafficking; implement programs for the disarmament,
demobilization, and reintegration of former child combatants that take into account the specific needs of child ex-combatants, and work with NSF and CJTF to implement these plans; increase funding for NAPTIP, particularly to provide adequate victim care; continue efforts to provide regular training to police and immigration officials to identify trafficking victims and screen for trafficking among vulnerable populations…”

Liberia
On Liberia, the report said, “The government provided emergency funding to temporarily shelter 25 potential child trafficking victims and prosecuted one trafficking case. However, the government did not demonstrate increasing efforts compared to the previous reporting period. The government did not provide training or basic resources to law enforcement or prosecutors to allow them to effectively identify, investigate, and prosecute trafficking cases; complicity and corruption continued to inhibit anti-trafficking law enforcement action; and for the third consecutive year, the government did not convict any traffickers…”

In an effort to combat human trafficking, it was recommended to the Liberian government that it work to “Increase efforts to investigate, prosecute, and convict traffickers, including complicit officials and cases against Liberian nationals; provide training and resources to enable law enforcement, immigration officials, social workers, prosecutors, and magistrates to identify, investigate, and prosecute trafficking offenses; increase collaboration with NGOs to ensure all victims receive services and that NGOs refer all alleged trafficking cases to law enforcement for investigation; finalize and implement the national referral mechanism and train law enforcement and social service workers and sensitize NGOs on its implementation; enact legislation that prescribes sufficiently stringent penalties for adult trafficking and penalties for sex trafficking commensurate with the penalties for rape; expand victim services—particularly for male victims, victims outside the capital, and long-term care—through the provision of increased financial or in-kind support to NGOs; create measures to identify trafficking victims among vulnerable populations, such as people in prostitution, and train officials on such procedures..”


Gambia
In exposing the trafficking profile of the Gambia, the U.S. State Department held that the Gambian government is making significant efforts to eliminate trafficking. do so. “The government made key achievements during the reporting period; therefore, The Gambia was upgraded to Tier 2 Watch List. These achievements included identifying and providing services to the first internal trafficking victims identified in four years; training law enforcement and border officials on identifying and referring cases of trafficking for investigation; and convicting and sentencing one trafficker to life imprisonment—its first reported conviction for a trafficking related offense in four years,” the report said.

Recommendations called on the Gambian government to “Vigorously investigate, prosecute, and convict traffickers— including allegedly complicit government officials and child sex traffickers—with sufficiently stringent sentences; train law enforcement and prosecutors to investigate and prosecute all types of trafficking, and ensure they have the resources to do so; develop standard procedures for identifying trafficking victims, including those among vulnerable populations, and referring them to care, train government officials on such procedures, and ensure no victims are detained before referred to services…”


Sierra Leone
On Sierra Leone, the 2017 Trafficking in Persons Report said “…The government demonstrated increasing efforts compared to the previous reporting period; therefore, Sierra Leone remained on Tier 2.” In recommended measures to combat trafficking, the report called on the Sierra Leonean government to ” Increase efforts to prosecute and convict traffickers with sufficiently stringent sentences that include imprisonment; address procedural delays and judicial corruption so victims can participate in trials and judges cease dismissing cases against alleged traffickers; train prosecutors and judges to investigate and prosecute trafficking cases; amend the anti-trafficking law to increase penalties to be sufficiently stringent and commensurate with penalties for rape, and harmonize penalties for forced labor and forced prostitution across all laws…”


South Africa
According to the trafficking profile of South Africa in the report “…As reported over the past five years, South Africa is a source, transit, and destination country for men, women, and children subjected to forced labor and sex trafficking. South African children are recruited from poor rural areas to urban centers, such as Johannesburg, Cape Town, Durban, and Bloemfontein, where girls are subjected to sex trafficking and domestic servitude and boys are forced to work in street vending, food service, begging, criminal activities, and agriculture. Many children, including those with disabilities, are exploited in forced begging.

On the prosecution of those accused of human trafficking, the report said, “the South African government maintained prosecution efforts, although official complicity in trafficking crimes remained a serious concern. The Prevention and Combating of Trafficking Persons Act (PACOTIPA) of 2013 criminalizes all forms of human trafficking. Articles 4-11 provide a range of penalties for trafficking in persons, ranging from fines, up to 100 million South African rand ($7.3 million), to life imprisonment, depending on the severity of the offense. The penalties are sufficiently stringent; however, by allowing for a fine in lieu of imprisonment, the prescribed punishment is not commensurate with those for other serious crimes, such as rape.”
It was recommended that the South African government Fund and increase efforts to fully implement PACOTIP and related regulations; continue to train law enforcement and social service officials on these provisions; amend the anti-trafficking law to ensure penalties are sufficiently stringent and do not allow for fines in lieu of prison time; increase efforts to investigate, prosecute, and convict traffickers, including employers who use forced labor, under PACOTIP; investigate and prosecute officials suspected of complicity in trafficking crimes; ensure victims are issued the appropriate identification documents in order to receive protective services; train law enforcement and social service providers to use a victim centered approach when interacting with potential victims and recognize initial consent is irrelevant…”

12 African countries were listed as Tier 3. According to the U.S. Government, these are Countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so and include:
Burundi
Central African Republic
Comoros
Democratic Republic of Congo
Equatorial Guinea
Eritrea
Guinea
Guinea Bissau
Mali
Mauritania
South Sudan and
Sudan


Special Cases
Two African countries, Libya and Somalia were cited as special cases in the report because their governments lack full control of the countries.

In issuing the report, the U.S. Secretary of State Mr. Rex Tillerson said, “…Because human trafficking is global in scope, international partners are essential to success. That’s why the State Department will continue to establish positive partnerships with governments, civil society, law
enforcement groups, and survivors to provide help for those who need our support…”

By Emmanuel Abalo
Philadelphia, PA USA

The West African state of Nigeria is experiencing grave national security, religious and economic threats to its existence and function in the comity of nations.

The argument can be advanced that given the system of “rotational federalism” of Nigeria’s political structure, no one administration has maintained appreciable sustained influence, solutions and clout to contain and eradicate these deep threats.
Nigeria’s exposure to the metastasizing of a myriad of national issues; namely religious tensions and violence, a weak human rights regime, economic disparity and long term political instability elevate that nation to the risk of disintegration.

Economic Threats

According to the World Population Review, the 2017 population of Nigeria is estimated at 191.7 million and on track to reach 398 million by 2050.

Economic freedom as defined by the 2017 Index of Economic Freedom include the rule of law, open markets, regulatory efficiencies and size of government. And when analyzed from a composite perspective, economic freedom is elusive for the ordinary Nigerian and the government.
With an inflation rate of 15.7% in 2016, some ugly factors continue to impact the attainment of the elusive nature of economic freedom; 90 % dependency on earnings from oil export, limited diversification of the economy, over regulation and interference of government.

In its economic update quoted in the Fragile Recovery publication in May, 2017, the World Bank notes that “…Nigeria’s recent misalignment of its exchange rate and current trade policies, both of which have impeded the country’s economic growth. It also identifies a need for liberalization and policy adjustment. Boosting the economy in the long-term would involve better quality institutions and making it easier for people to access finance and do business…”

The consequence of these negative economic factors which squeeze the ordinary Nigerian out of a dignified and legitimate way to earn a living is the resort to corrupt practices.

In 2016, Transparency International (TI), the global anti-corruption movement ranked Nigeria in relation to other 176 countries in its corruption index at 136/176 and a perceived level of public service corruption of 28/100 (0 highly corrupt and 100 very clean).
Nigeria failed to improve its score and level of public perception of corruption. In fact, since 2013, that score ticked up; from 25 to 28 in 2016. (0 highly corrupt and 100 very clean).
Botswana is the only sub-Saharan African nation which ranks the highest in the index 2016 at 60/100.
(0 highly corrupt and 100 very clean).
However, the World Bank offers that in order to address the long term and sluggish economic posture, Nigeria must adopt and implement a program of employability of its citizens, increase its record of transparency and service delivery and shift to more productive economic sectors.


Human Rights Record

The US State Department 2016 Human Rights report charged that[i] “…The country also suffered from ethnic, regional, and religious violence. Other serious human rights problems included vigilante killings; prolonged pretrial detention, often in poor conditions and with limited independent oversight; civilian detentions in military facilities, often based on flimsy evidence; denial of fair public trial; executive influence on the judiciary; infringement on citizens’ privacy rights; restrictions on freedoms of speech, press, assembly, and movement; official corruption; violence against women and children, including female genital mutilation/cutting; sexual exploitation of children; trafficking in persons; early and forced marriages; discrimination based on sexual orientation and gender identity; discrimination based on ethnicity, regional origin, religion, and disability; forced and bonded labor; and child labor.

The government took few steps to investigate or prosecute officials who committed violations, whether in the security forces or elsewhere in the government, and impunity remained widespread at all levels of government. The government did not investigate or prosecute most of the major outstanding allegations of human rights violations by the security forces or the majority of cases of police or military extortion or other abuse of power…”
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Boko Haram was singled out as responsible for committing the “most serious human rights violations”. The terrorist organization is intent on the overthrow of the Nigerian government and the imposition of “pure Shariah law”.

In its 2016 Death Sentence and Execution Report Amnesty International (AI) cited Nigeria with 3 executions at Benin Prison in Edo State. 527 people were sentenced to death (33 pardons granted, 32 others exonerated) and 1,979 people were known to be on death row and included 5 foreign nationals.
Nigeria still retains the death penalty for ordinary crimes.

Governance and Stability

Even with the peaceful transfer of state power in 2015, the restive Niger Delta insurgency, attacks, kidnappings and killings by Boko Haram and the resurgence of Biafra secessionism are threatening the stability of African’s most populous nation.

Nigeria, over the years, has unselfishly expended blood and treasury in the West African sub-region and globally with the United Nations Peace Keeping effort. The efficacy of the projection if its political, economic and military dominance in Africa is under constant threat from the challenges mentioned supra.

The political fragmentation of Nigeria due to instability in the face of the mantra of “One Nigeria” is not an option only because the sub-regional and internal fissures which could result are inimical to the balance of power and peace in the West African sub-region, the continent and globally.

Religious Stress Lines

Regardless of religious affiliations – Muslims, Christians or animists, Nigerians must live together; although sometimes in perpetual tension.
Oftentimes and undeniably, when Nigeria is discussed in the religious context, it is characterized and settled upon as the Muslim north and the Christian south. However, the central region of Nigeria is home to smaller Christians and Muslim ethnic groups.

Nigerians are known to be fierce adherents to their individual religion and will not hesitate to defend it against any threat – perceived or real. Over the years, the result has been flare-ups of sectarian and religious conflicts, tensions and sometimes violence.

In its 2017 Annual Report, the U.S. Commission on International Religious Freedom (USCIRF), in key findings reported that “Religious freedom conditions in Nigeria remained poor during the reporting period. The Nigerian government at the federal and state levels continued to repress the Shi’a Islamic Movement of Nigeria (IMN), including holding IMN leader Sheikh Ibrahim Zakzaky without charge, imposing state-level bans on the group’s activities, and failing to hold accountable Nigerian Army officers who used excessive force against IMN members in December 2015. Sectarian violence between predominately Muslim herders and predominately Christian farmers increased, and the Nigerian federal government failed to implement effective strategies to prevent or stop such violence or to hold Perpetrators accountable.

The Nigerian military continued to successfully recapture territory from Boko Haram and arrest its Members, but the government’s nonmilitary efforts to stop Boko Haram remain nascent. Finally, other religious freedom abuses continue at the state level. Based on these concerns, in 2017 USCIRF again finds that Nigeria merits designation as a “country of particular concern,” or CPC, under the International Religious Freedom Act (IRFA), as it has found since 2009. Nigeria has the capacity to improve religious freedom conditions by more fully and effectively addressing religious freedom concerns, and will only realize respect for human rights, security, stability, and economic prosperity if it does so.”


The complex issues of national governance and cohesion of the federal Nigerian state do challenge the art of politics.

The question is how do political leaders develop a clear path forward irrespective of their political, economic and religious differences and at the same time, develop and sustain democratic institutions for the survival and prosperity of Nigeria?

By Emmanuel Abalo
Philadelphia, PA USA

Today, the trail remains cold for a notorious Liberian rebel and chief executioner Benjamin Yeaten of the defunct National Patriotic Front of Liberia rebel movement (NPFL).

Media and intelligence reports, however, have placed the former Charles Taylor rebel commander in the West African sub-region and was said to be taking refuge in Togo.

Benjamin Yeaten whose nom-de-guerre is “50” served as Director of Taylor’s dreaded presidential guard force, known then as the Special Security Service (SSS).

He is accused of murder and wanted by the Liberian government. He fled Liberia shortly after his boss and convicted war criminal Charles Taylor resigned the Presidency and left for Nigeria.

On March 29, 2006 Taylor was arrested in Nigeria and transferred into the custody of the Special Court for Sierra Leone. An 11- count indictment was unsealed and which accused Taylor of war crimes, crimes against humanity, and other serious violations of international humanitarian law. Taylor has maintained that he is innocent and called the charges conspiratorial. Following his prosecution in the Hague, Taylor was found guilty on all charges on April 26, 2012 and sentenced to 50 years imprisonment.

Today, he is serving his sentence in a UK prison.

Numerous reports over the years have placed Yeaten at various sub-regional conflicts such as in Ivory Coast and the Gambia since he fled Liberia.

n January 21, 2009, the government of Liberia through its Ministry of Justice ordered the arrest of former presidential security commander Benjamin Yeaten. The Liberian government issued an ” indictment to prosecute General Yeaten on charges of murder”. Liberian authorities solicited the assistance of the world police body Interpol to bring Yeaten to book. In 2009, Interpol issued a “Red Notice” for Yeaten.
According to Interpol’s website, a “Red Notice” is issued when “the persons concerned are wanted by national jurisdictions for prosecution or to serve a sentence based on an arrest warrant or court decision. INTERPOL’s role is to assist the national police forces in identifying and locating these persons with a view to their arrest and extradition or similar lawful action.”

Yeaten also featured prominently in the atrocities committed in neighboring Sierra Leone due to the spill over of the war. A witness told the Special Court at the trial of Taylor about the communications that took place between the radio station installed at the residence of Benjamin Yeaten, who was Director of the SSS, and Revolutionary United Front (RUF) commander Sam Bockarie’s radio station installed at the RUF headquarters in Buedu, eastern Sierra Leone.

The witness told the court that Mr. Taylor did not know about the contact and friendship that existed between Mr. Yeaten and Mr. Bockarie. Bockarie was killed under mysterious circumstances in Liberia. It is alleged that Taylor ordered the elimination of Bockarie to foil any disclosure of his, Taylor, involvement in supplying arms and ammunition to allied RUF rebels in Sierra Leone. Yeaten is reported to have undertaken the secret operation to eliminate Bockarie and his wife. Taylor denied any knowledge or responsibility for the operation.

To date, there has been no new development on the enforcement of Interpol’s “Red Notice” against Yeaten nor has the Liberian government commented on the status of efforts to arrest and prosecute the notorious rebel commander.

A Liberian national residing in Minneapolis, Minnesota the U.S., who asked for anonymity because he still has family in Liberia, strongly criticized the Liberian government for the lack of will to pursue, arrest and prosecute Yeaten and all those responsible for the war atrocities in Liberia. He specifically pointed to a former rebel commander now turned senator Prince Johnson who remains free from any accountability.

“Our country and people will not truly reconcile unless there is accountability and justice for the victims and their families,” he said.

The Liberian civil war claimed the lives of nearly 250,000 and dislocated another 1 million others internally and externally.
In its final report, Liberia’s Truth and Reconciliation Commission (TRC) determined and recommended Criminal Prosecution for Gross Human Rights, International Humanitarian Law, International Human Rights Law and Egregious Domestic Law Violations in order to address and promote unity, promote peace, justice, security, unity and genuine national reconciliation.

The TRC was agreed upon in the August 2003 Comprehensive Peace Agreement in Accra, Ghana and established by the TRC Act of 2005 by the Liberian legislature.

The TRC was established to “promote national peace, security, unity and reconciliation,” and at the same time recommend the holding of perpetrators accountable for gross human rights violations and violations of international humanitarian law that occurred in Liberia between January 1979 and October 2003.

By Emmanuel Abalo
African Star
Philadelphia, PA USA[/i]