by Basile L. Guissou

ABSTRACT: Document on the death penalty prepared for the 36th Congress of the Radical Party (Rome, Hotel Ergife, 30 April - 3 May)

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For three years now, Africa has been witnessing a process of democratization, with new Constitutions, local government elections, multiple party government, and separate legislative, executive and judiciary bodies. Individual freedom, starting with freedom of the press and freedom of speech, is more or less guaranteed in the majority of African countries.

This positive situation provides very fertile terrain for nonviolent Radical action, and we have to find ways and means to adapt our ideas to local politics. The death penalty still exists in Africa, and the reason for not abolishing it seems almost "obvious" to the majority of role-playing politicians.

And yet the battle for a life of rights which has brought about the political changes evident today cannot, and must not, be conducted separately from the struggle for a right to life. Illuding ourselves that we can establish a life of rights without a right to life, will only result in our retrogressing, possibily with even more dramatic effects, which can be seen in the infinite number of "nationalistic" clashes that take place in the world daily.

The campaign to abolish the death penalty could provide an ideal opportunity to introduce Radical ideas in Africa, at a transnational, cross-party level. This could be done as soon as the feverish energy dedicated to the elections is channelled into creating functional democratic Institutions.

Local political parties are unable to take up this cause, and understandably so (the masses "favour" the death penalty). The governments are even less able to do so as, due to insecurity and an increase in crime, they run the risk of being accused of laxness and negligence, and of the people demanding that they undertake severe repressive action, such as the application of the death penalty in those countries where it is not in force.

Nevertheless, it is evident that the more informed activists are disposed to adopt a "different approach" to the problem, and would be prepared to support transnational, cross-party action which would not require a commitment from "national" parties, but would unite intellectuals and democrats equippped to campaign for the abolition of the death penalty.

1) THE DEATH PENALTY SITUATION IN AFRICA

48 out of 52 African countries still impose the death penalty. As far as we know, only 4 have abolished capital punishment: Cape Verde, Sao Tomè and Principe, Namibia and Mozambique.

Two different situations exist in the other countries which can be divided into two groups:

- countries that continue to keep the death penalty as a form of"deterrent", but do not actually apply it;

- countries that condemn people to death, and apply the death penalty.

2) PROPOSALS FOR RADICAL TRANSNATIONAL CROSS-PARTY ACTION

We hope that the Congress will give its support to the following plan of action that we have designed specifically for Africa, namely: the promotion of a regional agreement in Africa, starting with the countries in favour of the abolition of the death penalty, de jure or de facto. Such a plan would fit in perfectly with the international Radical Party campaign for the abolition of the death penalty throughout the world.

The first step would be to approach not only the countries which have abolished the death penalty, but also those countries or territories in which no executions have been carried out for ten years (there are seven countries: Comoro Islands, Ivory Coast, Jibuti, Madagascar, Niger, Senegal, Togo), in order to find a number of prominent figures (jurists, doctors, democratic intellectuals, etc.) favourable to our plan of action, and to invite them to organize themselves on an African level. It is our aim to create an organized abolitionist movement in each of the African countries, and also on a Pan-African level. This African organization would meet to develop a plan of action and decide on its own strategy and tactics, according to its strength and means. Parliamentarians, governments and international organizations in Africa - such as the Organization for African Unity - could easily be made aware, and induced to act, if they felt supported, and were convinced by a strong and active force.

Given the current political situation in Africa, it would not be difficult to single out important figures, activists belonging to associations like the one for the protection of human rights, democratic magistrates, lawyers, and also national party activists, who would join our ranks and participate in the campaign to abolish the death penalty.

We could begin by contacting the following countries:

Cape Verde (abolitionist), Ivory Coast, Senegal (no executions since 1967), Togo (no executions since 1978), and also Brazzaville and Benin Congo (death penalty still in force).

We think this plan gives us a real possibility of applying the transnational cross-party concept in Africa, where there are dozens, if not hundreds, of political parties in each country.