PRETORIA November 18 1997 - SAPA

WORKSHOP ON AFRICAN COURT HELD FOR SA LEGAL EXPERTS

A workshop for South African legal experts to discuss an envisaged African court on human rights was held in Pretoria on Tuesday.

In a prepared speech to the workshop, Justice Minister Dullah Omar said a draft protocol for such a court was long overdue as existing international laws were inadequate.

"There exists no systematic or general rule of law conferring an obligation, or even a right, upon states to prosecute and punish criminals who seriously offend international human rights or international criminal law in general."

Although domestic criminal laws were more sophisticated, states were usually reluctant to prosecute an individual unless the crime committed had a connection to the state.

Problems also arose when offenders fled to a country which had no extradition arrangement with the prosecuting state.

Omar said the inadequacies of international law and of domestic courts have led to international efforts such as the envisaged African court.

Justice Department director of international affairs John Makhubane said the court would deal with issues concerning civil, political and socio-economic rights.

It would augment the African Commission, a body comprising academics promoting and protecting the human rights of Africans, but would have more powers.

The court would also compliment the envisaged International Criminal Court, which would deal with cases involving aggression, war crimes, crimes against humanity and gross human rights violations.

Makhubane said inputs from Tuesday's workshop would be forwarded to a conference in Addis Ababa in Ethiopia in December, to be attended by Organisation of African Unity member states.

After being debated, it was expected a draft protocol would be approved by a justice ministers' meeting at the conference. The final protocol would be adopted by the OAU.

A similar conference would be held in New York in the first two weeks of December to discuss the draft protocol of the International Criminal Court. The conference would be attended by United Nations member states.

Makhubane said it was expected a protocol for the International Criminal Court would be accepted by a conference of diplomats in Rome in June next year.

He said a clear distinction had not yet been drawn between which cases would be referred to the African court, and which ones to the international court. This was still under debate.

Justice Ministry spokesman Paul Setsetse said interested parties which attended Tuesday's workshop included representatives from the Human Rights Commission, the Truth and Reconciliation Commission, universities, the Defence Ministry, non-governmental organisations and judges.


© South African Press Association, 1997
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