The 15th Extraordinary Session of the Executive Council of the African Union

Remarks By 

H.E. Dr. Tedros Adhanom Ghebreyesus 
Minister for Foreign Affairs of the Federal Democratic 
Republic of Ethiopia and Chairperson of the Executive 
Council of the African Union 

At 

The 15th Extraordinary Session of the Executive 
Council of the African Union 

11 October 2013, Addis Ababa 

Excellencies and Colleagues, 

Excellency Dr. Nkosazana Dlamini-Zuma, Chairperson of the 
African Union Commission, 

Excellency Mr. Erastus Mwentcha, Deputy Chairperson of the 
African Union Commission, 

Distinguished Delegates, 

Invited Guests, 

Ladies and Gentlemen, 

It gives me great pleasure to welcome you all to Addis Ababa for the 
15th extraordinary session of the Executive Council of the African Union. I wish to thank you most sincerely for agreeing to Kenya’s request for the convening of the Extraordinary Summit to discuss Africa’s relation with 
the ICC. Indeed, the issue is not only a matter of concern to Kenya but also the continent as a whole and our gathering here today is a clear testimony of our collective determination to address the issue head on 
and find a solution. 

Excellencies, 

Ladies and Gentlemen, 

Our unwavering commitment to fighting impunity and promoting democracy, rule of law and good governance throughout the continent is clearly reflected, inter alia, in the Constitutive Act of our Union. Most importantly, we have taken concrete actions to uphold these values and 
it is gratifying to note that the frontiers of democratic governance have expanded throughout the continent over the last decade, although we are mindful of the fact that it is still work in progress. 

The Rome Statute establishing the International Criminal Court (ICC) also stipulates the same principles and objectives and it is based on faithful adherence to these principles and objectives that 34 member States of our Union also joined the ICC. Unfortunately, the manner in which the Court has been operating particularly its unfair treatment of Africa and Africans leaves much to be desired. Far from promoting 
justice and reconciliation and contributing to the advancement of peace and stability in our continent, the Court has transformed itself into a political instrument targeting Africa and Africans. This unfair and unjust 
treatment is totally unacceptable and that is why we have been expressing our serious concerns against the ICC. 

As you all know, the Assembly of our Union has deliberated on this issue on a number of occasions and adopted several decisions calling for a fair treatment of Africa and Africans. However, it is regrettable that our repeated call has fallen on deaf ears and our concerns have been completely ignored. Particularly, our request to the United Nations Security Council to defer the proceedings initiated against President Al-Bashir has neither been heard nor acted upon. We have also received no response to our request for a deferral of the ICC investigations and prosecutions in relation to the 2007 post-election violence in Kenya, in line with the principle of complementarity, to allow for a National Mechanism to investigate and prosecute the cases under the reformed 
Judiciary provided for in the new constitutional dispensation. 

In spite of Kenya’s full cooperation with the Court, it is unfortunate that the Court has neither been ready nor willing to even entertain simple requests made on technical issues of the proceedings aside from the major requests I mentioned above. We do not understand why the ICC could not render similar cooperation to Kenya in light of its 
legitimate requests. 

Excellencies, 

Ladies and Gentlemen, 

I personally led an African Union delegation to deliver the letter signed by the Chairpersons of the African Union and the Commission transmitting the decision adopted by the 21st ordinary session of the Assembly on International Jurisdiction, Justice and the International Criminal Court (ICC). In my discussion with the President of the Court 
and the Prosecutor, I explained the content and spirit of the decision underscoring the need to find a sustainable solution to the issue. However, we did not receive the desired response from the Court. 

Meanwhile, the recent decision of the ICC, in relation to the Kenyan situation, demanding the President and his Deputy to attend all court proceedings at The Hague, reversing its earlier decision, has further complicated the matter. This decision does not only undermine the ability of the Kenyan leaders in the discharge of their constitutional responsibilities but also poses significant threats against the country's sovereignty. 

Again, our request to the Court to allow the President of Kenya and his Deputy to choose the sessions they wish to attend in accordance with their constitutional obligations and duties has not received a positive response. However, the recent terrorist attack in Nairobi has further 
reinforced our request thereby underscoring the need for Kenyan leaders to be front and centre in the fight against terrorism and not be distracted in any way by the Court. 

Over and above that, there is no doubt this issue has wider 
ramifications for Kenya and Africa as a whole. Kenya has been and is a symbol of stability in our region. We do not want this simplistic suspect/victim approach destabilize Kenya and our region. A comprehensive approach with more focus on the political solution is the answer with legal issue being part of the package. It is because of this fact that we should pay serious attention to it. The immunities of Heads 
of State cannot be taken lightly and our meeting should come out very clearly on this issue. Perhaps, it should be emphasized that the way this issue is being handled by the ICC has serious implications on Africa's relations with the ICC. 

Excellencies, 

Ladies and Gentlemen, 

In our effort for peaceful resolution of conflicts in Africa, we have clearly recognized that the search for justice should be pursued in a way that does not impede or jeopardize efforts aimed at promoting lasting peace. In this regard, we have a number of successful experiences in our continent, which could give us inspiration in our efforts to find home 
grown solutions to our problems. 

That is what we have explored during the Ministerial Level Meeting of the Peace and Security Council of the African Union on National Reconciliation as a crucial factor for security, stability and sustainable development in Africa, which was held in Algiers on 29 June 2013. As reflected in its Communiqué, the PSC rightly underscored the need for a 
judicious combination of measures related to truth telling, repentance, justice, healing and forgiveness, etc as part of the efforts to ensure national reconciliation. 

In this context, I am sure we all agree that there are indeed 
encouraging developments in Kenya with the adoption of the new Constitution, the reform of the Judiciary and the holding of successful legislative and presidential elections. The people of Kenya have spoken and they have overwhelmingly elected their leaders who have played an indispensible role in reconciling the different Kenyan communities. That 
is why we believe it is very critical to support the peace building and national reconciliation processes in the country. 

As you would recall, the African Union had been actively engaged in the resolution of the 2007 post-election violence in Kenya. The mediation team established by the African Union composed of African Eminent Personalities greatly assisted in the reconciliation and reform process. It is in line with the AU Roadmap that the National Accord and 
Reconciliation Act establishing the Coalition Government was enacted. Unfortunately, the AU led reconciliation and reform process has been scuttled by the ICC leading us to the current state of affairs that we find ourselves in. 

Therefore, we need to start from where this African Union led reconciliation and reform process stopped. In accordance with the African Union Roadmap, we should be able to assess the progress that has been made in terms of implementation. That is what necessitates the proposal to establish a High Level Observer group which, I believe, would be very instrumental in carrying out an audit of what has happened since then and submit its report to the African Union. The efforts made by the African Union should not simply be taken for granted and it is 
about time that we should reassert ownership of our own process in conformity with our principle of providing African solutions to African problems. 

Excellencies, 

Ladies and Gentlemen, 

During this session, we should seriously consider how we should ensure that our collective voice is heard to receive a fair treatment to our concerns. We should not allow the ICC to continue to treat Africa and Africans in a condescending manner. That is the reason why we are gathered here today and I am confident that our deliberations will help 
us to come up with appropriate recommendations for the consideration and adoption of our Heads of State and Government. 

In this regard, we should expedite the work on developing an African Union Framework on national reconciliation and justice based on the relevant legal instruments that we have. We should also finalize the Protocol on the establishment of the African Court of Justice and Human Rights in order to handle gross violations of human rights within our 
continent to avoid external interference in our own affairs. Furthermore, I believe State Parties to the Rome Statute should aggressively work in concert more than ever before to ensure that our collective voice is heard in the Assembly of State Parties and the proposals made to amend the 
Statute are fully accepted. 

Last but not least, we should do everything possible to table the issue on the agenda of the United Nations Security Council so that it is given the necessary attention and thoroughly discussed with a view to finding a political solution. In this regard, we should devise a mechanism 
on how best to convince the members of the UNSC particularly the Permanent Five. Moreover, our representatives in the Council should do their utmost to pursue the issue as a matter of urgency. 

I am pleased to note that this and other elements have formed part of the draft decision that our Permanent Representatives have prepared for us and I am confident that, at the end of the Extraordinary Summit, we will be able to speak with one voice thereby sending a strong message 
to the international community on the issue of Africa’s relation with the ICC. 

Excellencies, 

Ladies and Gentlemen, 

During this extraordinary session, we are also expected to elect a new Commissioner for Peace and Security to replace Ambassador Ramtane Lamamra who has been appointed as the Foreign Minister of Algeria. I would like to once again congratulate him and assure him of our fullest support and cooperation. We are informed by the Commission that the Northern Africa region has come up with a consensus candidate. I hope, therefore, it will not take us much time to elect the new Commissioner in line with our Rules of Procedure. 

Finally, with your usual cooperation, I am confident that we will conclude our work within the set timeframe. I wish you a fruitful and enjoyable stay in Addis Ababa. 

I thank you