The Mano River sub-region in West
Africa has, inarguably, for the last 25 years witnessed a
stepped-up visitation of the culture of death and wanton
violence - from coup d'etats, outright insurgencies and
imposition of the death penalty by governments.
In December 2007, the UN
General Assembly adopted its first resolution, Moratorium on
the use of the death penalty" (62/149), reaffirming the
UN's commitment towards abolition of the death penalty. That
resolution was adopted by 104 votes in favor, 54 against, and
29 abstentions.
According to Amnesty
International, its opposition to the death penalty is based on
the fact that 'the death penalty is irrevocable and there is
always a chance that innocent men and women will be executed
in any country that maintains this punishment. The death
penalty is inherently arbitrary and discriminates against
those who are poor, marginalized or belong to minority
communities."
As a matter of record, the
European Parliament is a long-standing opponent of the death
penalty, and is actively engaged in the international campaign
against the death penalty, and has passed several resolutions
including its annual human rights reports to reaffirm its
opposition to the death penalty.
In Articles 6(1) and 6(2) of
the UN Human Rights Committee's International Covenant on
Civil and Political Rights (ICCPR) of the UN General Assembly,
states that "Every human being has the inherent right to
life. This right shall be protected by law. No one shall be
arbitrarily deprived of his life.
2. In countries which have not
abolished the death penalty, sentence of death may be imposed
only for the most serious crimes in accordance with the law in
force at the time of the commission of the crime, and not
contrary to the provisions of the present Covenant, and to the
Convention on the Prevention and Punishment of the Crime of
Genocide. This penalty can only be carried out pursuant to a
final judgment rendered by a competent court..." Many
countries reject the argument that imposition of the death
penalty is a violation of human rights, and argue that their
judicial institutions and criminal justice system reflect
their own sovereignty, religious and social beliefs.
Strangely, the Protocols of the
sub-regional grouping, the ECONOMIC COMMUNITY OF WEST AFRICAN
STATES (ECOWAS) of which countries of the Mano River Union
(MRU) such as Liberia, Sierra Leone, Guinea and La Cote
d'Ivoire are members, are silent on the treatment of the death
penalty among member countries.
The African Commission on Human
and Peoples Rights, meeting at its 44th Ordinary Session held
in Abuja, Nigeria, from 10 to 24 November 2008, adopted a
resolution calling on African States to observe a moratorium
on the death penalty. According to the African Commission, the
following Africa countries still retain the death penalty:
Botswana, Cameroon, Chad, Comoros, Congo (Democratic
Republic), Egypt, Equatorial Guinea;,Ethiopia, Guinea,
Lesotho, Liberia, Libya, Nigeria, Sierra Leone, Somalia,
Sudan, Uganda and Zimbabwe.
The Ellen Johnson Sirleaf
Administration in Liberia, whose authority is being challenged
by out of control incidences of rape and armed robbery
reverted to the promulgation of a law reintroducing the death
penalty. In late July, 2008, the European Union, consistent
with its opposition to the death penalty, scolded Liberia,
saying "...such a decision to reintroduce the death
penalty is an extremely disturbing signal which runs counter
to the trend observed for many years in Africa and in the
world as a whole."
The death penalty law remains
active today in Liberia.
The use of the death penalty
both in practice and in law in some African countries
including the Mano River Union basin, for that matter, has
moral, ethical, religious, social, medical, retributive and
legal consequences, which have not been fully understood or
addressed by various governments and their criminal justice
systems.
The argument for the
maintenance of the death penalty is well noted by proponents
who say that in some instances, the imposition of the death
penalty is appropriate for individuals or groups of
individuals who have committed the most heinous crimes so much
so that separating them from this world is the best
alternative for society and human kind. However, the same
individuals would not respond today to calls for the death
penalty for African despots and rebel groups including
Idi Amin Dada, Jean Bedel Bokassa, Charles Taylor and the
National Patriotic Front, Foday Sankoh and the Revolutionary
United Front, Omar Al Bashir, Mengistu Haile Merriam, Hissen
Habre and Joseph Kony and his Lord's Resistance Army rebels,
The argument for the respect
and dignity of human life as moral, ethical and religious
imperatives is preeminently couched in the following statement
by a Jesuit Priest and Community Professor of the Humanities
at St. Peter's College, News Jersey, USA, Raymond A. Schroth,
who says, "The traditional justification for both the
death penalty and just war is the right of self-defense. That
is the only justification. Not that the killer is someone who,
as a killer, 'deserves to die.' He remains a human being with
a right to die only when God calls him."
The leaders of the Mano River
Union countries - Presidents Ellen Johnson Sirleaf, Ernest Bai
Koroma, Laurent Gbagbo and Captain Moussa Dadis Camara, whose
people have lived in a culture of death, have a moral and
ethical responsibility to shape the attitude of their peoples
to respect the dignity of every human life. These leaders and
others must realize that the use of the death penalty as a
practice and as a matter of law, intricately and adversely
impact the realization of national and regional stability,
respect for the rule of law, socio and economic development
and the advancement of African civilization.
Once and for all, the Mano
River countries have an obligation to abolish the death
penalty.
About the Author: Emmanuel
Abalo is an exiled Liberian journalist, media and human rights
activist and a former Acting President of the Press Union of
Liberia (PUL). He now resides in Pennsylvania, USA. He serves
as News Director of WRAR-96 internet radio on www.runningafrica.com.