1 July 2009
Maputo — Participants at a two day conference on the International Criminal Court (ICC), held in Maputo, on Tuesday urged the Mozambican government to ratify the Rome Statute setting up the ICC, which is the UN-approved body set up to punish those guilty of genocide, war crimes, and crimes against humanity, and to end the culture of impunity.
The conference resolution urged the government to ratify the statute and to ensure that implementing legislation is passed, putting the ICC into the Mozambican national legal order, as soon as possible.
It suggested that the government should take the opportunity, if deemed necessary, of proposing constitutional amendments that would make ratification of the Rome Statute possible. (There was disagreement among Mozambican jurists as to whether such an amendment is in fact required: if it is decided to opt for a constitutional amendment, one could be passed in early 2010, at the first sitting of the parliament arising from the October general elections).
The conference did not attempt to tie the government's hands. If it thought it appropriate, the government could also amend the Mozambican Penal Code to bring it into line with the Rome Statute.
"We want to give the government the choice between altering the Penal Code, or developing specific legislation", said Giberto Correia, chairperson of the Mozambican Bar Association (OAM). "We are not certain that the change will be made through the penal code, since there are cases, such as that of Brazil, where the Statute was ratified without changing the Penal Code".
Brazilian ICC judge Sylvia Steiner warned that waiting for an overhaul of the entire Penal Code could delay ratification of the Statute. In Brazil, legislators had been overhauling the Penal Code for ten years, and had not yet finished.
The conference welcomed the support promised by the SADC (Southern African Development Community) Lawyers Association to the OAM in technical advice on matters relating to ratifying the statute, and urged the OAM to hold a follow-up meeting within a reasonable period to review developments in Mozambique's integration in the international criminal justice system.
Correia said that any recommendations the OAM received will be passed on to the government. "We are willing to cooperate with the government in seeking solutions for difficulties which may exist", he said.
Speaking at the closing ceremony, Justice Minister Benvinda Levi recognised that many people view the Rome Statute and the ICC as key instruments for repressing crime and promoting human rights, and were therefore concerned that nine years has passed since the government signed the Statute, and there is still no ratification.
She said that, despite this lengthy period, and the successive debates held on the matter, there were still questions that required due caution on the part of the government. She assured the conference that the government is taking the matter seriously, and analyzing all the legal and constitutional implications of ratifying the Rome Statute.
But one senior Mozambican jurist told AIM that it was all a matter of political will. "If the political will exists, then all the technical issues can be solved", he said.
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