Prevention of the ideology of hate, genocide and hate crimes in Africa
Prevention of the ideology of hate, genocide and hate crimes in Africa
Date | 6 April 2023
Tomorrow (06 April), the African Union (AU) Peace and Security Council (PSC) will convene its 1147th session, which will be in-person open session on the theme ‘prevention of the ideology of hate, genocide and hate crimes in Africa’.
Following opening remarks by Abdelhamid El Gharbi, Permanent Representative of Tunisia and Chairperson of the PSC for the month of April, AU Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye, is expected to make a statement. Presentations are also expected by the representative of Rwanda, the Special Advisor of the United Nations (UN) Secretary-General on the Prevention of Genocide, and the representative of the European Union (EU).
Tomorrow’s session is to be convened in line with the Communique of the PSC adopted at the 678th session of April 2017, which decided to convene annually in April an open meeting on the prevention of the ideology of hate, genocide and hate crimes in Africa. It forms part of the annual commemoration of the 1994 genocide against the Tutsi in Rwanda that will be observed on 7 April in accordance with the AU Assembly Decision [Assembly/ AU / Dec.695] of 2 July 2018 as well as the Communique of the PSC adopted at its 761st session. As noted in the concept note, the main objective of the annual session is for ‘the PSC, AU Member States and other key stakeholders to reflect and continuously devise means to collectively prevent the ideology of hate, genocide and hate crimes in Africa’.
Various decisions have been taken by the PSC since 2017 to effectively address the challenge of the ideology of hate, genocide and hate crimes in Africa. These include: reinvigorating the early warning mechanism (836th session); including an analysis on indicators of hate crime and risk factors for them to escalate to genocide in the Report of the PSC on its Activities and the State of Peace and Security in Africa (836th session); constructing AU Human Rights Memorial dedicated to victims of human rights violations in Africa (989th session); appointing an AU Special Envoy on the Prevention of Hate Crimes and the Crime of Genocide (989th session); developing a shared definition of what constitutes ‘hate speech’ and ‘hate crimes’ (1088th session); undertaking a review of the status of implementation of the recommendations contained in the Report of the OAU International Panel of Eminent Personalities on the 1994 Rwanda Genocide and the Surrounding Events by the Panel of the Wise (1088th session); establishing an Annual African Forum on the prevention of ideology of hate, hate crimes and genocide (1088th session); and creating an African Centre for the Study of Genocide (1088th session). It would be important for the PSC to follow up on the status of the implementation of these decisions at tomorrow’s session. Among others, considering that 2024 marks 30 years since the occurrence of the 1994 genocide against the Tutsis, it would be of interest for members of the PSC to plan for a continental comprehensive stock taking exercise for reaffirming the commitment to never again as enshrined in Article 4 (h) of the Constitutive Act of the AU.
Experiences from the Rwanda and elsewhere in the world clearly highlight that genocide and other atrocity crimes do not occur as isolated event but are often results of sustained hate speech. Hate speech and hate propaganda were identified as catalysts of the genocidal violence in Rwanda. As noted in the concept note prepared for the session, in Rwanda, the ‘genocide ideology was propagated when political leaders using state machinery started branding a section of their own population – the Tutsi – as the ‘other’, ‘enemy of the State’, ‘cockroaches’ who were to be exterminated.’ Indeed, as highlighted in PSC’s 678th session, deliberate tendencies of discrimination, marginalization, tribalism and manipulation of ethnicity often create conducive conditions for hate crimes and ideologies of genocide to thrive.
The nature of hate speech has evolved in complexity as a result of the digital turn, particularly with the widespread use of social media that has dramatically changed the ‘pace and reach of its spread’. This was noted by the PSC on several occasions including at its 836th session, which expressed its ‘deep concern’ over the negative use of social media that contributes to amplify hate speech, hate crimes, and ideology of genocide. Despite that these platforms claim to have invested in safety and security measures including building their capacity to catch hateful and inflammatory content, reports are raising the alarm over the use of social media by different actors to stoke violence particularly in a fragile context.
Countering the rising tide of hate speech and the attendant consequences requires taking effective preventive and mitigation strategies. It is important that Member States put in place the necessary legal framework to punish hate speeches and hate crimes, but this should also strike the right balance with the fundamental human right to freedom of expression. While there is a need to regulate online content, governments also should not fall into the common tactic of internet/social media shutdown as this kind of measure undermines range of human rights, including the right to freedom of speech. Instead, spreading counter-speech that disseminates accurate information and that fosters unity and tolerance is regarded as the proper response to ensure that hate is not the dominant narrative. In addition to these, tomorrow’s session is expected to emphasize on the need to develop comprehensive strategies that focused not only on mitigation measures, but also on prevention to address the scourge in a more sustainable way.
First and foremost, there is a need to address root causes and drivers of ideology of hate, genocide and hate crimes. Socio-economic and political marginalization, competing aspirations, and contested historical narratives often sow the seeds of mistrust and fear among different groups, which leads to polarization and tension. Accordingly, building credible state institutions, fostering peaceful and inclusive societies including through national dialogue, deepening democracy and participatory as well as inclusive governance, and ensuring equitable and inclusive socio-economic developments could be highlighted as important steps in addressing the underlying causes and drivers of hate.
Second and related to the first is the imperative of leveraging education, both in formal and non-formal settings, as a tool for addressing all forms of intolerance, discrimination and hate while simultaneously building a generation that embrace cultural diversity and promote peaceful coexistence.
Third, there is also a need to enhance prevention strategies at all levels (national, regional, and continental) through early warning system that would enable us to detect early signs of genocide and other atrocity crimes. Equally important is translating the early signs into early response, although denialism and a very restrictive interpretation of the principle of sovereignty by Member States have proved to be a challenge in that regard.
Fourth and importantly, there is a need for the establishment of an inclusive system of governance that is representative of all sectors of society and their interests. More often than not, the sense of alienation, exclusion and discrimination in a context of power contestations is what creates the setting for the emergence of identity-based antagonism, precipitating hate speech and incitement of violence. It is of paramount importance that the conditions of bad governance and lack of inclusiveness is also addressed.
The expected outcome of the session is likely to be a communique. As in the previous sessions, PSC may express its concern over the persistent trend of the ideologies of hate, genocide and hate crimes in Africa, and in that regard, it may highlight the importance of developing comprehensive strategies to counter the ideologies of hate, genocide, and hate crimes. It may condemn in the strongest terms denialism and revisionism of the genocide against Tutsi as this threatens the perpetuation and manifestations of hate speech and crimes. As part of the effort to counter hate speech and crimes, PSC may highlight different measures, including encouraging Member States to establish/strengthen their legal framework to combat the scourge and meet their international obligations, as well as ratify/accede to relevant international legal instruments notably the Convention on the Prevention and Punishment of the Crime of Genocide. While stressing the importance of the responsible use of the media, and in particular the social media, PSC may also remind Member States about the need to ensure that measures to combat hate speech and hate crimes do not violate accepted principles and standards of human rights. In relation to enhancing the prevention strategies, PSC may reiterate the need for addressing structural causes and drivers of hate speech and hate crimes including through credible national dialogue, education, and other national initiatives to entrench the culture of peaceful coexistence and democracy, and foster national unity and reconciliation. It is also expected to re-emphasize the importance of enhancing AU’s early warning mechanism to detect early warning signs and take early response before hate speech and crimes degenerate into violent conflicts and genocide. Furthermore, considering the various decisions of the PSC that have been taken since 2017 to effectively address the scourge of hate speech and hate crimes and considering that 2024 marks the 30 years commemoration of the 1994 genocide, PSC may request the AU Commission to plan a high-level and comprehensive stocktaking on progress made and challenges faced in implementing never again.
Prevention of the ideology of hate, genocide and hate crimes in Africa
Prevention of the ideology of hate, genocide and hate crimes in Africa
Date | 7 June 2022
Tomorrow (7 June) the African Union (AU) Peace and Security Council (PSC) will convene its 1088th session on the theme ‘prevention of the ideology of hate, genocide and hate crimes in Africa’. The session is to be convened in line with the Communiqué of the 678th session of the PSC that decided to convene annually an open meeting on hate crimes.
The PSC Chairperson for the month Permanent Representative of the Republic of Congo, Daniel Owassa, is expected to deliver opening remarks followed by a statement from the Commissioner for Political Affairs, Peace and Security, Bankole Adeoye. Presentations will also be delivered by the Representative of the Republic of Rwanda.
Tomorrow’s session forms part of the annual commemoration of the 1994 genocide against the Tutsi’s in Rwanda, which was observed on 7 April in accordance with AU Assembly Decision Assembly/ AU / Dec.695 of 2 July 2018. The PSC designated the theme of the session for remembering both the lives lost and the destruction caused in Rwanda on the one hand and the lessons learned from the genocide on the other hand. It thus serves as an occasion both to pay tribute to the women and men as well as children brutally massacred during the genocide and express solidarity with the survivors of the genocide and renew AU’s and its member states responsibilities to renew its commitment to the lessons from the genocide for addressing contemporary challenges.
As widely documented including through the Organization of African Unity (OAU) International Panel of Imminent Personalities to Investigate the 1994 Genocide in Rwanda and Surrounding Events, ethnic based incitement of hate, particularly through the instrumentality of the media, was one of the drivers of the genocide against the Tutsis. Hate crimes and genocide are known to occur, not as isolated events, but rather as a result of sustained campaigns of hatred and violent incitement which develop and strengthen over a period of time. Indeed, the perpetration of ethnic violence does not start with the physical attacks against members of the target ethnic group. It starts with propagation of hate, the production and circulation of narratives having the effect of rendering members of target ethnic groups objects of both hate and dehumanization.
The impact of new communication technology and social media is another area of interest for the PSC, particularly in terms of their role in the propagation of fake news, hate speech and incitement of violence and the impact thereof. Both the speed of dissemination/circulation harmful content and the role of social media in magnifying extreme views have made incitement of hate more dangerous not only in hardening social polarization but also in inflaming tensions.
There is increasing concern that new communication technology and social media platforms have also proven to negatively impact peace and security, mainly by serving as a platform for incitement of violence and exacerbation of hate speech, including for mobilizing and recruitment by terrorist groups. The key issue arises here is promoting responsible use of social media platforms, ensuring that the companies owning the platforms institute inbuilt mechanisms both for limiting the use of the platforms for propagation of hate and incitement of violence and for encouraging content that promotes harmony, social cohesion and civil discourse.
Council may reflect on ways in which the traditional and social media space can be used for advancing the prevention, management and resolution of conflicts and for promoting respect for democratic norms and international human rights and international humanitarian principles. Central to the prevention of incitement of ethnic hatred and genocide is to find ways of facilitating both responsible use and inhibit the abuse of such platforms for causing harm on other people. This requires various non-legal measures including the critical role of civil society, the media, community leaders and public intellectuals in the promotion of a culture of peace and ethno-cultural and religious tolerance. Of equal importance is also the role of education, including but not limited to, civic education in nurturing civil discourse. The vital role of youth and women in this regard is of particular importance. These non-legal policy measures can be supplemented as secondary and last resort instruments by the promulgation and enactment of the necessary legal frameworks on the prevention of hate speech, hate crimes and genocide. Accordingly, Council may urge Member States to sign, ratify, domesticate and implement relevant international legal instruments on hate crimes and genocide, as well as ensure proper prosecution of perpetrators of such atrocious crimes in line with international humanitarian law and international human rights law.
Additionally, as the PSC repeatedly highlighted at its previous sessions on the theme, combating impunity of genocide perpetrators and denialism is an essential part of seeking sustainable peace, justice, truth and reconciliation. This requires strengthened cooperation and coordination among Member States to prosecute or extradite suspected fugitives. Just as important is fighting against denial and revisionism of the genocide against the Tutsi which deprives healing and justice to victims/survivors, and prevents a successful process of reconciliation from taking place.
This year’s commemoration and tomorrow’s session comes in a context of some worrying developments in the Great Lakes Region. The social media space in eastern Democratic Republic of Congo (DRC) is awash with inflammatory narratives and speeches that incite hate against particular ethnic groups. Given existing tensions and mistrust among communities in the region, there are concerns that such incitement of ethnic hate would further inflame tensions. The Special envoy of the UN Secretary-General during his visit to the region expressed the firm stance of the UN against hate speech which cannot be justified against anyone, anywhere and anytime. What compounds the situation further is the diplomatic raw and trading of accusations between the DRC and Rwanda in the context of the resurfacing of the M23 armed rebel group and its fighting with the DRC army, FARDC that uprooted tens of thousands of civilians from their homes. While DRC accused Rwanda of supporting the M23, Rwanda accused FARDC of ‘kidnapping two members of Rwandan armed forces from the border with DRC’ and collaborating with Democratic Force for the Liberation of Rwanda (FDLR) Rwandan Hutu armed group operating in Congo, some of whose members took part in the 1994 genocide in Rwanda and had attacked Rwandan forces.
It is thus of immediate concern for the PSC that steps for both disrupting the dangerous rhetoric and narratives inciting hate and violence against particular groups and for initiation of steps for de-escalation of the raw between Rwanda and DRC. The PSC may also welcome the initiative of Senegal’s President, who chairs the AU, and Angola’s President, who chairs the International Conference of the Great Lakes Region (ICGLR), to facilitate dialogue between the leaders of the two countries.
It is to be recalled that the 1994 genocide was made possible by, among others, the failures of African and international actors to take preventive measures before the mass violence started or to stop it once it has started. As the Panel of Eminent Personalities concluded that ‘If there is anything worse than the genocide itself, it is the knowledge that it did not have to happen. The simple, harsh, truth is that the genocide was not inevitable; and that it would have been relatively easy to stop it from happening prior to April 6, 1994, and then to mitigate the destruction significantly once it began.’ Despite the move away from the dogmatic application of non-interference to the norm of non-indifference as enshrined in Article 4(h) of the Constitutive Act as part of the transition from the OAU to the AU, as recent events from some of the recent major conflict situations in Africa show, the continental body is experiencing a reversal of the principle of non-indifference envisaged under Article 4(h) of the Constitutive Act as the politics of indifference in the face of grave circumstances takes hold in the continent’s peace and security diplomacy. The AU Commission Chairperson pointed out in his opening address to the 35th Ordinary Session of the AU Assembly that ‘a restrictive, even dogmatic reading of the intangible principle of the sovereignty of the Member States raises an iron wall against any intervention by the continental organization, either as a preventive measure through early warning, or as a remedy when the crisis breaks out.’ This defense of sovereignty has come to render the AU’s commitment to non-indifference as encapsulated in Article 4(h) of the Constitutive Act hallow, by serving, as the Chairperson aptly put it, as ‘a protective shield against all sorts of abuses occurring in a member country.’
The expected outcome of the session, if previous sessions are any guide, is expected to be a press statement. The PSC may welcome the progress that Rwanda registered in the reconstruction of the country and consolidating stability and development. It may reject denialism and revisionism of the genocide against the Tutsi, which not only denigrate the memory of the dead and the suffering of survivors but also undermines the effort to prevent its recurrence. The PSC may reiterate the need to reinvigorate the early warning mechanism as a preventative tool to enable an early response before hate speech and crimes degenerate into violent conflicts and genocide. It may also emphasize the importance of responsible use of the media in general and social media platforms in particular and of promoting civic education, particularly among the youth, dialogue and the culture of peace, national reconciliation and healing, as well as prevention of hate crimes and genocide. The PSC may also express concern about recent trends in the ethnic-based propagation of hate targeting particular groups and the resurgence of tension in eastern DRC. It may accordingly condemn the abuse of social media platforms for engaging in such propagation of hate. The PSC may also condemn in the strongest terms the hostile acts of the M23, including its attacks against UN peacekeepers and urge that full implementation of the decision of the Nairobi summit for addressing the threat of armed rebel groups. The PSC may express concern about recent trends of the use of the defence of sovereignty by states to block the exercise by the AU of its role in supporting the effort to prevent and stop the occurrence of identity-based atrocities in accordance with the principles of non-indifference. It may reaffirm its readiness to uphold and ensure respect for AU’s legal commitment to the principle of non-indifference and remind member states of their obligations to collaborate with the AU for the implementation of this principle.
Open Session on Hate Crimes and Fighting Genocide Ideology in Africa
Ideology of Hate and Genocide
Date | 12 April, 2021
Tomorrow (12 April) the African Union (AU) Peace and Security Council (PSC) will convene its 989th session, which will be a virtual open session on the theme ‘hate crimes and fighting genocide ideology in Africa’. The session is to be convened in line with the Communiqué of the 678th session of the PSC that decided to convene annually in April an open meeting on hate crimes and fighting genocide ideology in Africa.
The PSC Chairperson for the month Permanent Representative of the Republic of Djibouti, Mohammed Idriss, is expected to deliver opening remarks followed by a statement from the Commissioner for Political Affairs, Peace and Security, Bankole Adeoye. Presentations will also be delivered by the Representative of the Republic of Rwanda, Mr. Tom Ndahiro, Researcher and Scholar on Genocide; UN Special Adviser on the Prevention of Genocide, Ms. Alice Wairimu Nderitu; and Head of the European Union (EU) Delegation to the AU Birgitte Markussen. The Permanent Members of the UN Security Council (UNSC) are also expected to make statements.
Tomorrow’s session forms part of the annual commemoration of the 1994 genocide against the Tutsi in Rwanda, which was observed on 7 April in accordance with AU Assembly Decision Assembly/ AU / Dec.695 of 2 July 2018. The PSC designated the theme of the session for remembering both the lives lost and the destruction caused in Rwanda and the lessons learned from the genocide. As highlighted in previous sessions, this theme also serves to draw attention to contemporary issues of ethnic, religious and other identity-based mobilisation of animosity and hatred as well as incitement of violence.
Recent peace and security trends on the continent show that the rise of violent extremism in Africa has come to pose increasingly serious concerns for peace, security and stability in the continent. The increase in violent extremism in Africa, particularly along religious and ethnic lines, lays a fertile ground for eventual occurrence of hate crimes and genocide. Other related areas of concern include the rise of hate speech, inter-ethnic and communal clashes and sectarian or tribal violence. Hate crimes and genocide are known to occur, not as isolated event, but rather as a result of intensified hatred and violent incitement which develop and strengthen over a period of time. Hence, Council may stress the importance of ensuring concerted efforts at the national, regional and continental level, to fight extremist ideologies. In connection to that, Council may underscore the need of addressing the underlying causes of extremism such as marginalization, tribalism and discrimination, all of which also create the environment for genocide and hate crimes to thrive.
In diverse and heterogeneous communities that are divided along ethnic, religious, racial and other grounds, and in those societies consisting of minority groups, a major policy issue entails measures that would prevent discrimination, exclusion, and ensuing hate speech which eventually leads to hate crimes and risk of genocide. It is also as important to create a true sense of unity based on inclusive approaches that promote tolerance of differences and embrace ethnic, cultural and religious diversity. The National Unity and Reconciliation Commission which was established in March 1999 in Rwanda, with the purpose of promoting unity among Rwandans following the genocide against Tutsi, stands as a good example of an inclusive approach which advances unity. Council is expected to commend the creation of this Commission and call on other Member States to emulate this and similar initiatives in their efforts to build social cohesion.
As the PSC repeatedly highlighted at its previous sessions on the theme, combating impunity of genocide perpetrators is an essential part of seeking sustainable peace, justice, truth and reconciliation. This requires the promulgation and enactment of the necessary legal framework dealing with hate speech, hate crimes and genocide, as well as strengthened cooperation and coordination among Member States to prosecute or extradite suspected fugitives.
Just as important is fighting against genocide denialism which deprives healing and justice to victims/survivors, and prevents a successful process of reconciliation from taking place. Accordingly, Council may urge Member States to sign, ratify, domesticate and implement relevant international legal instruments on hate crimes and genocide, as well as ensure proper prosecution of perpetrators of such atrocious crimes in line with international humanitarian law and international human rights law. In addition, Council may call on Member States to take lesson from Rwanda’s experience of using various mechanisms such as deportations, prosecutions and commissions of inquiry in its fight against impunity and its quest of justice for victims of the 1994 genocide against Tutsis.
The last time PSC had a session on the same theme was in 2019, at its 836th meeting. Among the key points emphasised at that session was Council’s call for Member States and Regional Economic Communities/Regional Mechanisms (RECs/RMs) to effectively utilise AU early warning mechanisms, in order to assess, detect and respond to risks of hate crimes and genocide in a timely manner. Tomorrow’s session offers Council the chance to reiterate its call and follow up on measures taken by States and RECs/RMs, to avert possible risks of hate crimes and genocide. In addition, Council may also reiterate the importance of raising awareness about the 1994 Genocide Against the Tutsi in Rwanda, through formal education in schools and through media, so as to sensitise the current generation and prevent similar atrocities from happening again.
The vital role of youth and women in peace process has been emphasised by Council at its various sessions dedicated to the themes ‘youth, peace and security’ and ‘women, peace and security’. Grassroots level inclusive initiatives that ensure meaningful participation of women and youth in countering rhetoric of hate and pursuing peace and unity can considerably contribute to preventing hate crimes and genocide. It is particularly important to ensure that the youth play a direct role in social transformation, in order to ensure the sustainability of peace. Hence, Council may call on Member States to adopt inclusive programmes and platforms that fully engage women and youth.
The impact of new communication technology and social media is another area of interest, particularly in terms of their role in the propagation of fake news, hate speech and incitement of violence and the impact thereof. There is increasing concern that new communication technology and social media platforms have also proven to negatively impact peace and security, mainly by serving as a platform for incitement of violence and exacerbation of hate speech, including for mobilizing and recruitment by terrorist groups. The key issue that arises here is the ways and means of harnessing the enormous benefits of the new communication technology and social media platforms in enhancing human rights and democratization while limiting their negative impacts on social harmony and peace and stability. It is also as essential to manipulate the media to counter extremist rhetoric and inform and educate the community of the dangers of hate speech. Council may reflect on the importance of responsible use of social media and the need for proper State regulation of the media space in line with international human rights principles.
The expected outcome of the session, if previous sessions are any guide, is expected to be a press statement. As indicated in the information note of the session, Council is expected to request the AU Commission (AUC) to appoint an officer within the Continental Early Warning System (CEWS) to drive a campaign aimed at fighting the ideology of hate, hate crimes and genocide, through print and electronic media. Council is also expected to request the CEWS to setup a mechanism for regular assessment of potential genocide, in order to alert the PSC and AU Member States. In addition, the CEWS may also be requested to brief Council twice a year, on key developments in the continent, in order to allow timely intervention. Having regard to the importance of the theme, Council is also expected to request the AUC to include in PSC’s ‘Report on its Activities and the State of Peace and Security in Africa’, a section on indicators of hate crimes and risk factors for their escalation into genocide.
Xenophobic Attacks Affecting Nationals of other African Countries in South Africa
Ideology of Hate and Genocide
Date | 11 September, 2019
Tomorrow (11 September) the African Union (AU) Peace and Security Council (PSC) is scheduled to hold a session on xenophobic attacks affecting nationals of other African countries in South Africa. It is expected that the Ambassador of South Africa will address the PCS.
This session was initiated following the recent resurgence of attacks in South Africa against foreign nationals, particularly those coming from other African countries. According to reports, since the beginning of September, xenophobic attacks targeting businesses suspected of being owned by foreign nationals have been looted and vandalized in parts of Johannesburg, Pretoria and Cape Town. During the round of attacks that took place on 8 September, attackers moving in organized groups chanting ‘foreigners must go’ attacked a mosque and looted and burnt shops. Apart from the insecurity and disruption of the livelihood of non-nationals, the various rounds of attacks have thus far resulted in the death of 12 people. According to the government of South Africa, 10 out of the 12 people who lost their lives were South Africans.
The attacks in particular affected nationals from Nigeria, Somalia, Ethiopia, and Zambia, among others. This has led to diplomatic tensions between South Africa and African countries whose nationals have been affected. On 2 September Nigeria summoned South Africa’s envoy in Nigeria to express its protest of the attacks targeting Nigerians in South Africa. After meeting South African Ambassador in Addis Ababa at the Ministry of Foreign Affairs, Ethiopia’s state minister for foreign affairs, condemning the recent attacks, urged South Africa to enhance protection for Ethiopians.
Zambian President Edgar Lungu reportedly went further urging the South African Development Community and the AU to intervene ‘before this xenophobia degenerates into full-scale genocide’. He also expressed fear that ‘this carnage has potential to destabilise African unity’.
This is not the first time that such attacks have been perpetrated against foreigners, particularly those from other African countries. Dozens of people were killed in anti-foreigner attacks in 2008 and 2015.
When attacks took place in 2015, the PSC held a session on the issue at its 503rd meeting on 30 April 2015. In the press statement it issued after the session, the PSC not only condemned the attacks but also ‘underlined the need for a comprehensive approach to these challenges, taking into account the constraints of Member States, the imperative to respect the rights of migrants and ensure their humane treatment, as well as the overall objective of achieving freedom of movement across the continent, as one of the main components of the integration agenda of the Union.’
Faki Mahamat, issued a statement. Condemning what he called ‘the incidents of violence against nationals of fellow African countries in South Africa, including the looting and destruction of their property,’ the Chairperson also called for ‘further immediate steps to protect the lives of people and their property, ensure that all perpetrators are brought to account for their acts, and that justice be done to those who suffered economic and other losses.’ On its part the African Commission on Human and Peoples’ Rights also After the resurgence of the attacks since the start of the month, AU Commission Chairperson, Moussa issued a statement strongly condemning the resurgence of these xenophobic violent attacks as acts that not only constitute possible violations of the African Charter on Human and Peoples’ Rights (the African Charter) but are also contrary to the principles and ideals of African solidarity cherished in the African Charter.
While the reactions from some corners of South Africa was seen as extending support to the attacks, various officials of the Government of South Africa expressed their rejection of the attacks. President Cyril Ramaphosa in his response stated that “attacks on foreign nationals is something totally unacceptable, something that we cannot allow to happen in South Africa”. It was also reported that police arrested over 200 people for participating in the xenophobic attacks.
There are a number of concerns that some members in the PSC raise. The first relate to the threat that the incidents of attacks represent including in undermining peaceful coexistence. There are also concerns about the recurrence of the attacks and the risk of the attacks continuing, hence the need for interventions that properly address the conditions and drivers of the xenophobic attacks, affecting in particular nationals from other African countries. Concerns about the adequacy of the response of law enforcement agencies are also expressed.
There are PSC members who expect to know what South Africa plans to do differently to deal with the current resurgence of xenophobic attacks from previous incidents to avoid its recurrence, including carrying out investigations into what happened and the causes and drivers of the attacks. Of particular interest is the need for putting in place measure to deal with anti-foreign sentiments, directed particularly against nationals from other African Countries including and how South Africa can collaborate with other countries, among others, to use the values of African solidarity and Ubuntu for promoting peaceful coexistence.
Beyond condemnation of the attacks and expressing solidarity with victims, for the PSC and AU member states the need for promoting African solidarity including the promotion of free movement of people remains a key issue. Accordingly, building on its call from its 503rd session for pursuing the overall objective of achieving freedom of movement across the continent, as one of the main components of the integration agenda of the Union, this presents an opportunity for highlighting the imperative of ratifying the 2016 AU protocol on free movement of peoples.
The expected outcome of the session is a press statement. The statement is expected to welcome the statement of the AUC Chair and the measures being taken by the South African government to manage the situation. In terms of immediate actions, it may call on South Africa to initiate investigation to identify the cause and drivers of the violence with a view to put in place measures that prevent its recurrence. It may also reiterate its earlier call for a special session devoted to the issue of migration and its related challenges, with a view to agreeing to an enhanced African collective effort, on the basis of a report to be submitted by the Commission.
Open session on Prevention of the Ideology of Hate, Genocide and Hate Crimes in Africa
Ideology of Hate and Genocide
Date | 03 April, 2019
Tomorrow (3 April) the African Union (AU) Peace and Security Council (PSC) will hold its 836th meeting. In this first open session of the month, the focus will be on prevention of the ideology of hate, genocide and hate crimes in Africa.
The Department of Political Affairs of the AU is expected to brief the PSC through its director Khabele Matlosa. The UNOAU is also expected to deliver a briefing. Apart from the opening statement the PSC Chair of the month, Ambassador Bankole Adeoye of Nigeria is expected to deliver a statement.
The open session is taking place following the 678th PSC session on 11 April 2017,which made a decision ‘to convene, annually in April, a PSC open meeting on hate crimes and fighting genocide ideology in Africa’. Unlike the previous 678th and the 761st meetings, tomorrow’s session will be open and is expected to allow the participation a wide range of stakeholders.
The session, as indicated in the concept note has two objectives: to debate and identify the means to collectively prevent the ideology of hate, genocide and hate crimes in Africa and to learn from Rwanda’s experience of reconciliation, nation building as well as best practices on preventing the ideology of hate, genocide and hate crimes in Africa. Hence, the session beyond serving as an act of remembrance and expression of the pledge of ‘never again’, it seeks to shed light on the root causes and drivers of hate speech and ideology that evolve into ethnic cleansing and genocide.
In terms of denial of the genocide against the Tutsi, it is expected that the briefing from Khabele is expected to highlight the forms and manifestations of the denial of genocide and the need for fighting denial in all its forms including the propagation of information questioning or creating doubt about the target group, the number of victims and the legal validity of designating the well organized and systematically executed mass murder of the Tutsi as genocide.
It was against this background that the 761st session of the PSC held on 5 April 2018 emphasized the importance of the use of appropriate terminology and accurate analysis in order to avoid the risk of genocide denial and revisionism. The Assembly of the AU Summit held in Nouakchott, Mauritania in July 2018 in its decision Assembly/ AU / Dec.695 endorsed the decision of the PSC that corrected the nomenclature of the Genocide that happened in Rwanda to be: “The 1994 Genocide Against the Tutsi in Rwanda”. Moreover the Assembly endorsed the decision of the same PSC session to designate 7th April of each year as the African Union day of Commemoration of the 1994 Genocide Against the Tutsi in Rwanda.
The terminology of the event and the commemorative day has also been corrected globally. Since April 7 2004, the UN General Assembly has recognized the atrocities committed in Rwanda as an “International Day of Reflection on the Genocide in Rwanda”. On 26 January 2018, the UN General Assembly unanimously adopted a decision on the “International Day of Reflection on the 1994 Genocide against Tutsis in Rwanda”, correcting ambiguities in previous resolution by naming the Tutsis as the main target group for extermination.
Another key issue that is expected to be highlightedduring this session is the need to combat impunity in relation to the genocide against the Tutsi. As indicated in the concept note for the session, 980 indictments and international arrest warrants have been issued for suspects residing in more than 30 countries in the world. In this context the Council may reiterate the appeal made in previous session for member states ‘to investigate, arrest, prosecute or extradite those fugitives accused as genocide perpetrators currently residing in their territories’.
With respect to the ideology of genocide and hate crimes, the session is expected to emphasize the need to strengthening early warning mechanisms and prevention measures both at the continental and national level. The Council members may highlight the need to strengthen AU’s early warning mechanism to anticipate and monitor early signs of situations, which could lead to violent conflicts and genocide, if not prevented through early action. Members may also recall the decisions of the 761st session which called on member states to ‘enact laws and put in place legal frameworks that penalize hate speeches, ideologies of extremism among religious groups, as well as marginalization and discrimination of ethnic and tribal groups’.
The open session may also build on previous year’s PSC meeting, which broadened the scope of possible instigating factors for hate crimes and ideology of genocide by particularly focusing on hate speeches, identity-based conflicts, hatred, exacerbation of ethnic division and racist tendencies. Unchecked religious extremism was also recognized in fostering new grounds for hate speeches. In this regard, the council made commitments to promote religious tolerance, as a means to prevent hate crimes and ideologies of genocide in the continent.The importance of awareness creation and educational measures in fighting hate crimes and the risks of violence targeting particular ethnic groups or religious groups is worth mentioning.
The media’s role both as an instrument to create social cohesion but also the adverse effects of its misuse to incite hatred may be of interest for Council members and participants. In this period of fake news and right wing populism, the role of media in general and that of such social media in particular deserves particular attention.The new media platforms in particular are increasingly shaping political narratives and the potential threats associated with it. Beyond and above, the media reforms, the strengthening of adherence to principles and ethics of journalism identified in the concept note as some of the mitigating factors, there is also the need to develop monitoring mechanisms and effective regulatory frameworks.
As an open session, the expected outcome is ordinarily a press statement, although the PSC may decide otherwise. Apart from reiterating its previous call for AU member states and other states that host individuals suspected of being involved in the 1994 genocide to take concrete steps by investigating and prosecuting or by extraditing the suspects, the PSC may urge all stakeholders to implement measures that promote tolerance, cohesion and respect for diversity including through school curricula and media policy and interventions. Building on the outcome of its previous session particularly the 761st session and in the light of the risks arising from the abuse or misuse of the new media platforms and the need for strengthening the existing legal and institutional framework, the PSC may call for the elaboration a consolidated normative standard including a model law on the ideology of genocide and hate crimes, which the African Commission on Human and Peoples’ Rights is able to deliver.
Session on Prevention of Genocide
Ideology of Hate and Genocide
Date | 05 April, 2018
‘Prevention of the ideology of hate, genocide and hate crime’
Tomorrow (5 April), the Peace and Security Council (PSC) will hold a briefing session on a comprehensive approach towards ‘the prevention of the ideology of hate, genocide and hate crime.’ It is the first session of the Council for April that Ambassador Bankole Adeoye of Nigeria will preside over as the Chair of the PSC for this month. The Council will be briefed by Ambassador Minata Samate Cessouma, African Union (AU) Commissioner for Political Affairs and Adama Dieng the Special Advisor of the UN Secretary-General on the Prevention of the Genocide. A representative of the Rwandan National Commission for the Fight Against Genocide is also expected to brief the Council, if not the Executive Secretary of that Commission, Jean-Mamascene Bizimana himself.
In its communiqué of the 678th session, the PSC decided to have the theme on ‘hate crime and the fight against genocide ideology’ a standing theme on which it holds an open session annually every April. This theme avails the PSC a unique opportunity to reflect on its work in the context of the annual commemoration of the horrors of the1994 Rwanda genocide against the Tutsi.
The commemoration is more than an act of remembrance and of honoring the victims and survivors of the genocide. On its own the remembrance serves as a vehicle that contributes to the prevention of genocide. It catalyzes dialogue that enhances awareness within the PSC most particularly on the measures that should be taken including, as highlighted in the in communiqué 678, on steps that states should take in addressing discrimination and the root causes of ideologies of genocide.
The remembrance guards against the risks that arise from all tendencies of social amnesia. It is anticipated that the discussion on the theme of the session would highlight particular issues of concern in relation to the remembrance of the Rwanda genocide against the Tutsi. In this regard, the PSC would reiterate its earlier pronouncement on the importance of the ‘use of clear analysis and proper terminology in order to avoid falling into the problem of denials’.!
The Commissioner Cessouma will highlight in her briefing the initiatives in this respect at the level of the AU Commission. It is expected that she will mention by way of example, among others, the use of human rights tools including deploying human rights monitors and the efforts currently underway for operationalizing the AU Human Rights Memorial.
Dieng’s briefing is a significant development. As the first such briefing since this theme became a standing theme for annual session, it is expected that Dieng’s briefing touches on the importance of the theme, including for enhanced coordination between the AU and the UN. Apart from current issues and challenges particularly in Africa, this briefing also avails opportunity for highlighting best practices and lessons learned from the UN in the prevention of genocide, including vis-à-vis the existence of an office dedicated to the prevention of genocide. Specifically in relation to the commemoration of the 1994 genocide against the Tutsi, Dieng may recall the decision the UN General Assembly took on 26 January 2018 designating the 7 April International Day of Reflection on the 1994 Genocide against the Tutsi in Rwanda modifying the Assembly’s 2003 resolution establishing the International Day of Reflection on the 1994 Genocide in Rwanda.
The briefing expected from the Rwandan National Commission for the Fight Against Genocide is expected to present Rwanda’s national experience. Themes this briefing would cover include highlight of the factors leading to the horrors of 1994 and the basis on which it qualified as genocide; the efforts of Rwanda to come to terms with the legacies of the genocide and the measures for national reconciliation and reconstruction. The issue of denial of or revisionist narratives are issues of concern expected to also be highlighted.
For majority of the membership of the PSC, there would be focus on the remembrance aspects of the session. In this regard, they would renew their commitment to the pledge of ‘never again’ and express solidarity with the people of Rwanda. In terms of addressing specific concerns, various member states may highlight the need to implement relevant AU instruments and decisions as well as dialogue nationally and between member states concerned. Rwanda, which is also a member of the PSC, is a country with specific interests on the theme, including particularly the points contained in paragraph 7 of the communiqué of the 678th meeting of the PSC. While highlighting developments with respect to the points in this communiqué, if any, its intervention would thus reiterate PSC’s call for investigation and prosecution or extradition of suspects, ‘including leaders of the Democratic Forces for the Liberation of Rwanda’ and condemnation of ‘denial and distortion of facts relating to the 1994 genocide against the Tutsi in Rwanda’.
In more general terms, the focus on this theme allows the PSC to assess its work with respect to the AU’s agenda of prevention of genocide and similar atrocities within the framework of Article 4 (h) of the Constitutive Act. Last year, in its 678th session communiqué, the PSC underlined ‘the imperative of early and appropriate responses to credible early warning signs of situations that, if not addressed in a timely and effective manner, could lead to potential genocides’. In taking its engagement on this theme forward, the PSC may consider review of existing mechanisms of the AU vis-à-vis prevention of genocide and how best it pursues the objectives of this thematic agenda. Options in this respect include the designation of focal point in the AUC and the production of annual report on this theme. The PSC may also consider the establishment of a coordinating role for adequately taping into the expertise and role of various AU bodies, such as the African Commission on Human and Peoples’ Rights, whose mandates have direct bearing on prevention of genocide.
When the PSC held its first session on this theme at its 678th meeting on 11 April 2017, it clearly stated this session to be open. Despite this, the session is not envisaged to be open. This limits the participation of wider group of stakeholders in the deliberations, although it may allow the PSC to have a focused discussion.
The expected outcome of the session is a communiqué. This would reiterate the themes from the PSC’s communiqué of its 678th meeting and reflect new areas from the briefings of the Commissioner Cessouma and Dieng. The communiqué may also indicate how the PSC may wish to pursue this theme further. It would also welcome the decision of the 26 January 2018 General Assembly designating the 7th of April International Day of Reflection on the 1994 Genocide against the Tutsi in Rwanda.