Statement By

H.E. Mr. Nana Effah-Apenteng

Ambassador Extraordinary and Plenipotentiary

Permanent Representative

PREPARATORY COMMISSION FOR INTERNATIONAL CRIMINAL COURT

SEVENTH SESSION

Monday, February 26, 2001

Mr. Chairman,

Let me first state that my delegation is glad to see you and the other members of the Bureau office again at the helm of affairs for this session of the Preparatory Commission. We pledge to you our continued support and cooperation.

I ant pleased to inform this Session that Ghana hosted the Conference on the Domestic Implementation of the Rome Statute of the International Criminal Court (ICC), which took place in Accra from February 21 to 23, 2001, and was attended by a number of delegations from the Africa region.

We wish to take this opportunity to place on record our heartfelt gratitude to the following organizations, which, under the auspices of the Parliament and Ministry of Justice of Ghana, co-sponsored the Conference, namely, the European Union, the Department of Foreign Affairs and International Trade of Canada, the Open Society Institute, No Peace Without Justice, the Coalition for an International Criminal Court and the Ghana Federation of Former Members of Parliament (GHAFFOMP). The Government of Ghana wishes to express its sincere appreciation, in particular, to No Peace Without Justice", for the excellent role it played in organizing the Conference.

The meeting was aimed at educating the public on policies and options or processes for the implementation of the Rome Statute on the establishment of the ICC.

Mr. Chairman,

In his opening statement to the Conference, Honorable Nana Akufo Addo, Attorney-General and Minister of Justice of Ghana, affirmed the determination of the new Government led by His Excellency President J.A. Kufuor to continue the democratic consolidation in Ghana so that the nation becomes one governed by the rule of law and respect for human rights. He emphasized that "concern for human rights cannot stop at our borders, but should have a regional, a continental, indeed a universal scope, if it is to be meaningful.

Mr. Chairman,

The significance of the meeting is illustrated by its outcome where participants committed themselves:

- to work diligently for the acceleration of the ratification of Rome

- Statute of the ICC in order to be among the first 60 States Parties and to work for the prompt adoption of the necessary implementing legislation;

- to review their criminal and constitutional laws with a view to identifying practical means for the speedy drafting and enactments of implementing legislations in their countries; and

- to strengthen cooperation amongst themselves as well as cooperation with civil society with a view to sharing information and identifying problems that may impede smooth progress in their implementation process.

My delegation considers the Accra Declaration adopted as an outcome document of the Conference, as a major milestone in the effort to set up the International Criminal Court.

Mr. Chairman,

As eloquently stated by the Honourable Nana Akufo Addo, "the adherence to and implementation of the Statute by the nations of Africa are matters of great moment". In his view, this would mean that Africa has "repudiated the era of human rights violations, which has too often unhappily characterized our national histories, especially in the periods of military rule. It would further mean that Africa has embraced the concept of accountability and rejected the culture of impunity. The authors of genocide, wars of aggression, war crimes, and crimes against humanity would no longer have a place to hide. They would have to face justice and account for their crimes. Africa and the world would be a better place thereby".

Mr. Chairman,

The Government of Ghana takes seriously its international obligations as reflected in the fact that we were among the first countries to ratify the Statute of the ICC, and will take action to incorporate the provisions of the Rome Statute into our municipal legislation. This exercise would lead to the revision of Ghana's entire Criminal Code, which is 40 years old. Much work is required in order to repeal the outdated provisions and to introduce gender sensitivity into its operation and enable us to address the problems of increasingly newer forms of criminal activity in a comprehensive way. In this regard, like other African judicial systems, many constraints exist, notably, inadequate remuneration and resources, heavy case loads and inhuman conditions in the penal as well as remand institutions. African States would, therefore, need major logistical support to undertake the major legislative work to make the provisions of the Statute work in their judicial systems.

Despite these apparent insurmountable, however, challenges, my delegation pledges its total support for your efforts aimed at achieving success because we share the view of the United Nations Secretary-General's that "in the prospect of an international Criminal Court lies the promise of universal justice".

I thank you Mr. Chairman